Karnataka High Court
Ranjitpura Infrastructure Private Ltd vs The State Of Karnataka on 18 December, 2023
Bench: Chief Justice, Krishna S Dixit
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WP No. 27455 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 27455 OF 2023 (GM-FOR)
BETWEEN:
1. RANJITPURA INFRASTRUCTURE PRIVATE LTD.,
COMPANY REGISTERED UNDER
THE COMPANY'S ACT
REGISTERED OFFICE AT PLOT NO. 19
WARD NO. 30, 1ST FLOOR
SADGURUM COMPLEX, 1ST CROSS
INNA REDDY COLONY
CANTONMENT, BALLARI - 583 104.
ALSO AT: 401, 4TH FLOOR, 'PRIDE ELITE'
NO.10, MUSEUM ROAD
BANGALORE - 560 001.
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SRI S CHETHAN
Digitally signed ...PETITIONER
by AMBIKA H B (BY SRI DHIRAJ A.K, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FOREST, ECOLOGY AND
ENVIRONMENT
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS
(FOREST)
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WP No. 27455 of 2023
ARANYA BHAVAN, MALLESHWARM
BENGALURU - 560 003.
3. DEPUTY CONSERVATOR OF FORESTS
DEPARTMENT OF FORESTS
BALLARI DIVISION, NEAR ZOO COMPOUND
RADIO PARK, COWL BAZAR
BALLARI - 583 102.
4. ASSISTANT CONSERVATOR OF FORESTS
DEPARTMENT OF FORESTS
BALLARI DIVISION, NEAR ZOO COMPOUND
RADIO PARK, COWL BAZAR
BALLARI - 583 102.
5. RANGE FOREST OFFICER (SOUTH)
SANDUR RANGE
SANDUR - 583 118.
...RESPONDENTS
(BY SRI S.S. MAHENDRA, PRL. GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO PROHIBIT
RESPONDENTS FROM INSISTING UPON PETITIONER TO
OBTAIN SECOND FOREST PASS IN FORM 29 UNDER RULE
145(A)(4) OF KARNATAKA FOREST RULES 1969, FOR
TRANSPORTATION OF BENEFICIATED IRON-ORE FROM ITS
BENEFICIATION PLANT AT RANJITHAPURA VILLAGE,
DONIMALLAI POST, SANDUR TALUK, BALLARI DISTRICT FOR
IRON ORE TRANSPORTED TO BENEFICIATION PLANT AFTER
OBTAINING FOREST PASS IN FORM 27 AS PER RULE 145(A)(2)
OF KARNATAKA FOREST RULES, 1969 AS FOREST PRODUCE
FROM "KUMARASWAMY MINES" OF NATIONAL MINERAL
DEVELOPMENT CORPORATION HELD AS ML NO.1111 IN VIEW
OF LAW LAID DOWN BY THIS HON'BLE COURT PRODUCED AT
ANNEXURES-H AND J AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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WP No. 27455 of 2023
ORDER
1. Issue notice. The learned Principal Government
Advocate accepts notice for the respondents.
2. This writ petition is filed seeking the following
reliefs:-
a) To prohibit respondents from
insisting upon petitioner to obtain second
forest pass in Form 29 under Rule 145(A)(4)
of Karnataka Forest Rules, 1969, for
transportation of beneficiated iron-ore from
its beneficiation plant at Ranjithapura village,
Donimallai Post, Sandur Taluk, Ballari District
for iron ore transported to beneficiation plant
after obtaining forest pass in Form 27 as per
Rule 145(A)(2) of Karnataka Forest Rules,
1969 as forest produce from "Kumaraswamy
mines" of National Mineral Development
Corporation held as ML No. 1111 in view of
law laid down by this Hon'ble Court produced
at Annexure-H and J.
b) To declare that beneficiated mineral
is not a forest produce after it undergoes
beneficiation for the purpose of transporting
the mineral and thus Rule 145 of the
Karnataka Forest Rules, 1969 will not apply
as transporting or moving beneficiated
mineral will not amount o transporting or
moving of a forest produce.
c) To direct respondent Nos.3 and 4 to
consider the representation of the petitioner
produced at Annexure-K, K1 and K2 by
following the law laid down by this Hon'ble
Court in the judgments at Annexure-H and J.
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d) To issue any other suitable writ or
order or direction which the Hon'ble Court
deems fit in the circumstances of the case, in
the interest of justice.
3. The learned counsel for the petitioner submits that
the petitioner intends to press only prayer (c) in the petition by
which, a direction is sought to respondent Nos.3 and 4 to
consider the representations made by it at Annexures-K, K1
and K2 in the light of the judgments of the Co-ordinate
Benches of this Court which are annexed to the writ petition as
Annexures-H and J.
4. The learned Principal Government Advocate submits
that if some reasonable time is granted, respondent Nos.3 and
4 will consider and decide the representations made by the
petitioner on merits as well as by following the law laid down by
this Court in the judgments referred to above.
5. In view of the submission made by the learned
Principal Government Advocate, this writ petition is disposed of
with a direction to respondent Nos.3 and 4 to consider the
representations (Annexures-K, K1 and K2) made by the
petitioner on merits as well as by following the law laid down by
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this Court in the judgments (Annexures-H and J) referred to
above, as expeditiously as possible and not later than eight
weeks from the date of receipt of a copy of this order.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
