Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15567 WP No. 5348 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5348 OF 2026 (GM-FOR) BETWEEN:
SRI. GURUVACHARY AGED ABOUT 70 YEARS, S/O LATE PUTTACHARI, RESIDENT OF ACHARI BEEDI, HALAGURU HOBLI, MALAVALLI, MANDYA DISTRICT - 571 430. …PETITIONER (BY SRI. UDAY SHANKAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI BANGALORE - 560 001. 2. STATE LEVEL COMMITTEE (SLC), 8TH FLOOR, ARANYA BHAVAN, KARNATAKA FOREST DEPARTMENT ARANYA BHAVANA, MALLESHWARAM, BANGALORE - 560 003. 3. THE DEPUTY CONSERVATOR OF FOREST, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:15567 WP No. 5348 of 2026 MANDYA SUB-DIVISION, MANDYA - 571 401. 4. ASSISSTANT CONSERVATOR OF FOREST, MANDYA-SUB DIVISION, MANDYA- DISTRICT. 5. CENTRAL EMPOWERED COMMITTEE ROOM NO.106, PARYAAVARAN BHAVAN C.G.O.COMPLEX, LODI ROAD NEW DELHI - 110 003. …RESPONDENTS (BY SRI. VIKAS ROJPURA, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 26.02.2002 PRODUCED AT ANNEXURE-A FILED SEEKING LICENSE FOR ESTABLISHING SAWMILL LAND BEARING SY. NO.7/2 SITUATED AT CHILLAPURA VILLAGE, HALAGURU GRAMA, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2026:KHC:15567 WP No. 5348 of 2026 ORAL ORDER The captioned writ petition is filed seeking a writ in the nature of mandamus directing the respondents to consider the petitioner’s representation dated 26.02.2002, wherein the petitioner has sought grant of licence for establishment of a sawmill in land bearing Site No.7/2. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the State. Perused the material placed on record. 3. The learned Additional Government Advocate, on instructions, submits that pursuant to the changes in the regulatory framework governing grant of sawmill licences post- 2013, the competent authority to consider such applications is now the State Level Committee.
It is further submitted that the said Committee is presently awaiting the Wood Availability Report from the Forest Survey of India, which is a prerequisite for considering applications for grant of fresh licences. He would therefore contend that the petitioner’s claim, which is founded on a representation dated 26.02.2002, is hopelessly stale and cannot be entertained at this juncture. It is his
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HC-KAR NC: 2026:KHC:15567 WP No. 5348 of 2026 submission that in the absence of a subsisting application under the prevailing legal regime, no direction in the nature of mandamus can be issued. 4. This Court finds considerable merit in the submission made by the learned Additional Government Advocate. The relief sought in the present petition is to direct consideration of a representation made as far back as on 26.02.2002. The petition is filed in the year 2026, after an inordinate and unexplained delay of nearly two decades. It is a settled principle that a writ of mandamus cannot be issued to revive stale and dead claims. Moreover, the legal position governing grant of sawmill licences has undergone a material change, and the power is now vested with the State Level Committee constituted under the prevailing statutory framework. In that view of the matter, the petitioner cannot seek a direction to consider an obsolete representation dehors the current legal regime. The petitioner has not made out any enforceable legal right warranting issuance of notice, much less grant of mandamus. - 5 -
HC-KAR NC: 2026:KHC:15567 WP No. 5348 of 2026
5. Accordingly, the writ petition stands dismissed. However, it is made clear that this order shall not come in the way of the petitioner in submitting a fresh application before the competent authority, if so advised, strictly in accordance with the prevailing law and subject to all statutory requirements. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 19