M/S HINDUSTAN WOOD INDUSTRIES v. THE STATE OF KARNATAKA
WP/22767/2025 · 2025-08-19
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83536 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83536 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22767 OF 2025 (GM-FOR) C/W WRIT PETITION NO. 21435 OF 2025 (GM-FOR) WRIT PETITION NO. 21686 OF 2025 (GM-FOR)
IN WP No. 22767/2025 BETWEEN:
M/S HINDUSTAN WOOD INDUSTRIES REPRESENTED BY ITS PROPRIETOR, JAYANTHILAL PATEL, S/O. PREMJI PATEL AGED ABOUT 53 YEARS PLOT NO. 27-A2, AVVERAHALLI INDUSTRIAL AREA, DABASPET 4TH PHASE, BANGALORE RURAL-562111, …PETITIONER (BY SRI. N DINESH RAO., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST,
Digitally signed by VANAMALA N Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
M.S. BUILDING, BANGALORE 560 001. 2. THE DEPUTY CHIEF PRINCIPAL CONSERVATOR OF FOREST, ARANYA BHAVANA, 18TH CROSS, MALLESHWARAM BANGALORE-560 003. 3. DEPUTY CONSERVATOR OF FOREST, BANGALORE RURAL DIVISION, DEVANAHALLI 562110. 4. RANGE FOREST OFFICER, NELAMANGALA RANGE, NELAMANGALA 562110. 5. ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), CO AND M SUB DIVISION, DABASPET, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562111 …RESPONDENTS (BY SRI.RAHUL CARIAPPA, AGA FOR R1 TO R4;
SRI. LOKESHA K, ADVOCATE FOR R5)
THIS WP IS FILED UNDE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER INCLUDING WRIT OF MANDAMUS TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 04/12/2024 COPY OF WHICH IS PRODUCED AS ANNEXURE -F AND DIRECT THE RESPONDENT NOT TO TAKE ANY ACTION AGAINST PETITIONER IN RESPECT OF THE MACHINES APPLIED FOR IN THE APPLICATION DATED 04/12/2024 COPY OF WHICH IS PRODUCED AS ANNEXURE -F.
- 3 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
IN WP NO. 21435/2025 BETWEEN:
M/S WOOD LORD CORP REPRESENTED BY ITS MANAGING PARTNER SRI. VITHAL DAS MULJI KANANI, S/O BABULAL MULJI PATEL, AGED ABOUT 49 YEARS SY.NO. 58/5, JAKKASANDRA VILLAGE, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT ...PETITIONER (BY SRI. N. DINESH RAO, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMNENT OF FOREST, M.S.BUILDING, BANGALORE-560001. 2. THE DEPUTY CONSERVATOR OF FOREST BANGALORE RURAL DIVISION DEVANAHALLI - 562110
3.
THE CHIEF CONSERVATOR OF FORESTS KAMMAGONDANAHALLI, JALAHALLI BANGALORE RURAL DIVISION BANGALORE-560003. 4. THE ADDITIONAL CHIEF PRINCIPAL CONSERVATOR OF FOREST. (FOREST CONSERVATION AND MANAGEMENT) ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003. - 4 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
5. THE RANGE FOREST OFFICER NELAMANGALA BANGALORE RURAL-562123. ...RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR WRIT OF DIRECTION TO THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION SUBMITTED BY THE PETITIONER FOR GRANT OF LICENSE ON 23.02.2023 VIDE ANNEXURE - G.
IN WP NO. 21686/2025 BETWEEN:
M/S MARUTHI PLYWOOD INDUSTRIES AND FURNITURES PRIVATE LIMITED REPRESENTED BY ITS MANGING DIRECTOR, SRI.B.PRUTHVIRAJ, AGED ABOUT 54 YEARS NO.4/8, JAKKASANDRA VILLAGE, OPP MARUTHI WAY BRIDGE, KUNIGAL BY PASS, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562123 ...PETITIONER (BY SRI. N. DINESH RAO, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY,
- 5 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
DEPARTMENT OF FOREST, M.S.BUILDING, BANGALORE-560001
2. THE DEPUTY CONSERVATOR OF FORESTS BANGALORE RURAL DIVISION DEVANAHALLI-562110
3. THE CHIEF CONSERVATOR OF FORESTS KAMMAGONDANAHALLI, JALAHALLI BANGALORE RURAL DIVISION BANGALORE-560015
4. THE ADDITIONAL CHIEF PRINCIPAL CONSERVATOR OF FOREST (FOREST CONSERVATION AND MANAGEMENT) ARNYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003
5. THE RANGE FOREST OFFICER NELAMANGALAL BANGALORE RURAL-562123 ...RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.2 TO 5 TO CONSIDER THE APPLICATIONS SUBMITTED BY THE PETITIONER FOR GRANT OF LICENSE ON 08.06.2020 AND 10.12.2020 VIDE ANNEXURE-G AND G1 RESPECTIVELY. THESE PETITIONS, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 6 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER The petitioners are running units manufacturing plywood and other allied products, and they present a common question for
consideration viz., whether they must be permitted to operate their units when the Authorities are seized of the question on the requirement to take license. 2. The petitioners assert that they have been in the manufacturing of plywood and allied products from the years prior to 2011, and therefore, they are not required to take any license under the amended Regulations. They also assert that notwithstanding the afore, they have submitted an application and without a decision, their units are closed. The petitioner in W.P. No.22767/2025 alleges that the Electricity Authorities have disconnected power to its unit at the instance of the Forest Officials. - 7 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
3. This Court, after recording the petitioner's grievances in these lines, has extended an opportunity to the Forest Authorities to place on record the status of the petitioner's application, and in terms of this liberty, memos are filed along with certain enclosures. Mr. Rahul Cariappa, the learned Additional Government Advocate, who is instructed by Mr. Manjunath, Range Forest Officer, Nelamangala Range, submits that:
• a Report has been forwarded in the case of each of these petitions by the concerned Range Forest Officer, which is to be placed before the State Level Committee scheduled to meet on 21.08.2025, and • the question of the petitioners being permitted to operate with or without a licence would be considered by the
- 8 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
State Level Committee for further decision. Mr. Rahul Cariappa also states on instructions that these Reports are first forwarded to the Deputy Conservator of Forest, Bengaluru Rural and then with the Chief Conservator of Forest to be placed before the State Level Committee. 4. Mr. N. Dinesh Rao, the learned counsel for the petitioners responding to these, submits that this Court may dispose of the petitions directing the State Level Committee to consider the petitioners' request for license to operate directing the other officers not to disturb the functioning of the unit/s until a decision on the request is taken finally.
The learned counsel also submits that this Court must observe that there cannot be a disruption of the electricity at the instance of the Forest Officers when the question of license is thus open and to be decided finally, with Mr. Lokesh K, the learned counsel for the BESCOM,
- 9 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
stating that his instructions are that the power is not disrupted in all the petitioners' units. Mr. N. Dinesh Rao reiterates that power is disrupted for the petitioner in W.P. No. 22767/2025. 5. The statement on behalf of the Forest Authorities that the petitioners' request for licence would be considered by the State level Committee must bring about a closure to the petitioners' grievance in that regard and the petitions must be
disposed in terms thereof but subject to the observation that the petitioners, because they have been in operation for years, should not be impeded from continuing with the running either by disruption of electricity or otherwise so long as they do not otherwise act in violation of law. Hence the following:
ORDER The petitions stand disposed of directing the Forest Officers to ensure
- 10 -
HC-KAR NC: 2025:KHC:32177 WP No. 22767 of 2025 C/W WP No. 21435 of 2025 WP No. 21686 of 2025
that the petitioners' request is placed with the Committee for due deliberation and decision in its next meeting and observing that the petitioners shall be entitled to operate their respective units subject to the decision of the Committee but in compliance with the other requirements without disruption of electricity.
SD/- (B M SHYAM PRASAD) JUDGE
RB