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2025 DAILYLAW 86283 (KAR)

PRAVEEN KUMAR v. STATE OF KARNATAKA

WP/17963/2025 · 2025-07-16

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26477 WP No. 17963 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17963 OF 2025 (GM-FOR) BETWEEN: 1. PRAVEEN KUMAR S/O VENKATESHAPPA, AGED ABOUT 36 YEARS, FOREST CONTRACTOR, R/AT ESTHUR VILLAGE, BENDIGANAHALLI POST, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562 122. …PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY, THE MANAGING DIRECTOR KARNATAKA STATE FOREST DEVELOPMENT CORPORATION LTD., 'VANA VIKASA' 1ST FLOOR, 18TH CROSS, MALLESHWARAM, BANGALORE-560 003. 2. THE DIVISIONAL MANAGER KARNATAKA STATE FOREST DEVELOPMENT CORPORATION LTD., VANA VIKASA' 5TH FLOOR, 18TH CROSS, MALLESHWARAM, BANGALORE-560 003. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26477 WP No. 17963 of 2025 3. CHIRANJEEVI S/O ESTHUR NARAYANAPPA, AGED ABOUT 38 YEARS FOREST CONTRACTOR, R/AT ESTHUR VILLAGE, BENDIGANAHALLI POST, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562 122. 4. ADDL. CHIEF SECRETARY FOREST , ECOLOGY AND ENVIRONMENT DEPARTMENT (FOREST-A) BENGALURU-560 001. …RESPONDENTS (BY SRI. MURUGESH V. CHARATI., ADVOCATE FOR R1 & R2; SRI. RAHUL CARIAPPA, AGA FOR R4; SRI. R SUBRAMANYA, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA DIRECT THE R-4 TO CONSIDER THE APPEAL OF THE PETITIONER IN AAPAJEE114/FPC 2024 DATED 8.11.2024 AS PER ANNX-L AND M AS SOON AS POSSIBLE. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for issuance of writ in the nature of mandamus to direct the 4th respondent to consider the appeal filed by the petitioner as per Annexures-L and M. - 3 - HC-KAR NC: 2025:KHC:26477 WP No. 17963 of 2025 2. Petitioner is stated to have filed an appeal before the 4th respondent. 3. Learned counsel appearing for the respondents submit that in terms of Clause 66 of the tender notification, while the Executive Director, Karnataka State Forest Development Corporation Limited (KFDCL), Shimoga, is the Authority to adjudicate on the dispute, the appeal would lie to the Managing Director, KFDCL, Bangalore, who is the 1st respondent herein. 4. In light of the same, if the appeal that is now made out directly to respondent No.4, the same is permitted to be re-filed before the Managing Director, KFDCL, Bangalore - 1st respondent. If such appeal is re- filed before the 1st respondent within 10 days from today, the same to be taken up without raising any objections on the ground of limitation. Once the appeal is taken up, the same to be disposed off expeditiously, at any rate within a period not later than 3 months from the date of filing of - 4 - HC-KAR NC: 2025:KHC:26477 WP No. 17963 of 2025 the appeal, considering that the present proceedings relates to tender. 5. Accordingly, petition is disposed off. All contentions are kept open. Needless to state the action taken by the respondents would be subject to outcome of the appeal. It is made clear that in the event the petitioner succeeds in the appeal, legal consequences would follow. Sd/- (S SUNIL DUTT YADAV) JUDGE VP