Kognate International vs State Of Karnataka
2022 Latest Caselaw 11448 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18 TH DAY OF AUGUST, 2022

                       PRESENT

THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE

                          AND

         THE HON'BLE MR. JUSTICE ANIL B. KATTI

        WRIT PETITION NO.15032 OF 2022 (GM-MM-S)

BETWEEN:

KOGNATE INTERNATIONAL
HAVING OFFICE AT NO.125,
9TH MAIN, SECTOR A,
IDEAL HOMES TOWNSHIP
RAJARAJESHWARI NAGAR,
BANGALORE-560098
REPRESENTED BY ITS PROPRIETOR,
SRI M SHARATH CHANDRA,
S/O LATE M SRINIVASAIAH,
AGED ABOUT 39 YEARS.
                                          ...PETITIONER

(BY SMT ANUPARNA BORDOLOI, ADVOCATE)

AND

1.     STATE OF KARNATAKA
       REPRESENTED BY
       CHIEF SECRETARY TO GOVERNMENT
       VIDHANA SOUDHA,
       BANGALORE-560001

2.     THE SECRETARY OF GOVERNMENT
       DEPARTMENT OF COMMERCE AND INDUSTRIES,
       VIKASA SOUDHA,
       BANGALORE-560001
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3.   THE DIRECTOR
     DEPARTMENT OF MINES AND GEOLOGY,
     KHANIJA BHAVAN,
     RACE COURSE ROAD,
     BANGALORE-560001

4.   THE TAHSILDAR
     KORATEGERE TALUK,
     KORATEGERE,
     TUMKUR-572102

5.   THE DISTRICT TASK FORCE
     MINES COMMITTEE
     TUMKUR DISTRICT,
     TUMKUR-572102

6.   THE DEPUTY COMMISSIONER
     TUMKUR DISTRICT,
     TUMKUR-572102

7.   THE DEPUTY DIRECTOR
     DEPARTMENT OF MINES AND GEOLOGY,
     NO.2652/2667
     RAILWAY STATION ROAD,
     GANDHINAGAR,
     TUMKUR-572102
                                   ...RESPONDENTS

(BY SRI S S MAHENDRA, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY RESPONDENT NO.7
11.10.2018 BEARING NO.GABHUE/UNITHU/ KAGAGUAA-
22/2016/ 2018-19 IN REJECTING THE APPLICATION OF THE
PETITIONER DATED 19.12.2014 ON THE GROUND THAT THE
APPLIED AREA FALLS WITHIN THE AMBIT OF DEEMED
FOREST IS HIGHLY ARBITRARY AND ILLEGAL (ANNEXURE-
A).AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
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                           ORDER

Smt.Anuparna Bordoloi, learned counsel for the

petitioner.

Sri.S.S.Mahendra, learned Additional Government

Advocate for the respondent.

This petition has been filed by the petitioner seeking

the following reliefs:

"a) Issue a writ in the nature of certiorari or any other writ, order, or direction, quashing the order passed by respondent No.7 11.10.2018 bearing No.GaBhuE/UNiThu/ KaGaGuAa-22/2016/2018-19 in rejecting the application of the petitioner dated 19.12.2014 on the ground that the applied area falls within the ambit of deemed forest is highly arbitrary and illegal (Annexure-A).

b) Issue a writ in the nature of mandamus or any other writ, order, or direction declaring that the order passed by Respondent No.7 on 11.10.2018 bearing No.GaBhuE/ UNiThu/KaGaGuAa-22/2016/2018-19 in rejecting the application of the petitioner dated 19.12.2014 on the ground that the area falls within the ambit of deemed forest is not only highly arbitrary and illegal but also in violation of the judgment of this Hon'ble Court dated 12.06.2019 passed in W.P.No.54476/2016 and order dated 21.06.2022 passed in W.P.No.10502/2022 (Annexures-S and T).

c) Grant any such grant such relief as this Hon'ble Court deem fit in the interest of justice and equity."

2. Admittedly, the controversy involved in this

petition is squarely covered by an order dated 12.06.2019

passed by the Division Bench of this Court in

W.P.No.54476/2016.

3. In view of the aforesaid submission and for the

reasons assigned in the aforesaid order, the impugned

order dated 11.10.2018 is hereby quashed and the writ

petition is disposed of on similar terms and with same

directions.

In view of disposal of the petition, pending

interlocutory application does not survive and is according

disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE VM