Partly allowed

Sri. Vrishabharaj Kadamba v. the State of Karnataka

Karnataka HC20 Nov 2020WP/9752/2020

Case brief

AI extract

What is this about?

Five writ petitions concerning deemed extension of stone crusher licenses were disposed of by the High Court of Karnataka. The Court noted that part of the prayer was no longer res integra following a Dhananjay judgment, while the other part was not pressed. The Court set aside impugned communications with specific directions regarding forest land consent.

What did the court decide?

Impugned communications set aside. Liberty granted to file fresh petition for deemed extension. No order as to costs.

Sri. Vrishabharaj Kadamba Vs the State of Karnataka — Property and Title | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2020

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

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WRIT PETITION NOS.9750 OF 2020, 9751 OF 2020, 9752 OF 2020, 11404 OF 2020 AND 11406 OF 2020 (GM-MM-S)

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IN WRIT PETITION NO. 9750 OF 2020

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BETWEEN:

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SRI. NAVEENCHANDRA JAIN S/O SRI. ANANTHARAJ MUDYA AGED ABOUT 41 YEARS R/AT PADUMANE NITTE VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 101

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... PETITIONER

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(BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR SRI GIRISH M.K, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU - 560001

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2 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO. 49, RACE COURSE ROAD KHANIJA BHAVANA BENGALURU - 560001

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3 . DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY RAJATHADRI, UDUPI - 576104 REP. BY THE DEPUTY COMMISSIONER AND THE CHAIRMAN

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4 . DEPUTY CONSERVATOR OF FOREST KUNDAPURA DIVISION, UDUPI DISTRICT - 576201

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5 . SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI A BLOCK MANIPAL, UDUPI DISTRICT UDUPI - 576104

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... RESPONDENTS

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(BY SHRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN LICENSE No.SCL26/2016-17/4057 IN RESPECT OF 2 ACRES OF LAND IN SURVEY No.361A/1 OF NITTE-1 VILLAGE FOR A PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE A CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO THE PETITIONER AS PROVIDED UNDER THE AMENDED SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.

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IN WRIT PETITION NO. 9751 OF 2020

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BETWEEN:

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SRI. PRASHANTH KAMATH S/O. B PRABHAKAR KAMATH

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AGED ABOUT 41 YEARS R/AT GAYATHRI NIVAS ATTUR GUNDYADKA NITTE VILLAGE, KARKALA TALUK UDUPI DISTRICT – 574110.

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... PETITIONER

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(BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR SRI GIRISH M.K, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU - 560001

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2 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO. 49, RACE COURSE ROAD KHANIJA BHAVANA BENGALURU - 560001

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3 . DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY RAJATHADRI, UDUPI – 576104 REP., BY THE DEPUTY COMMISSIONER AND THE CHAIRMAN

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4 . DEPUTY CONSERVATOR OF FOREST KUNDAPURA DIVISION UDUPI DISTRICT - 576201

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5 . SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI A BLOCK MANIPAL, UDUPI DISTRICT UDUPI - 576104

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... RESPONDENTS ---

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(BY SHRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN

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LICENSE No.SCL19/2016-17/4540 IN RESPECT OF 1.80 ACRES OF LAND IN SURVEY No.354/91B OF NITTE VILLAGE FOR A PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO THE PETITIONER AS PROVIDED UNDER THE AMENDED SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.

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IN WRIT PETITION NO. 9752 OF 2020

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BETWEEN:

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SRI. VRISHABHARAJ KADAMBA S/O. JINARAJ, AGED ABOUT 47 YEARS M/S. SHRI. DURGAPARAMESHWARI STONE CRUSHER R/AT ATUR GUNDAYADKA NITTE VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574110

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... PETITIONER

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(BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR SRI GIRISH M.K, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP., BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU - 560001

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2 . THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY NO. 49, RACE COURSE ROAD KHANIJA BHAVANA, BENGALURU - 560001

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3 . DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY RAJATHADRI, UDUPI-576104

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REP., BY THE DEPUTY COMMISSIONER AND THE CHAIRMAN

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4 . DEPUTY CONSERVATOR OF FOREST KUNDAPURA DIVISION UDUPI DISTRICT - 576201

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5 . SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI A BLOCK MANIPAL, UDUPI DISTRICT UDUPI - 576104

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... RESPONDENTS

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(BY SHRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN LICENSE No.SCL07/2016-17/3861 IN RESPECT OF 2 ACRES OF LAND IN SURVEY No.354A/P1B OF NITTE VILLAGE FOR A PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE A CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO THE PETITIONER AS PROVIDED UNDER THE AMENDED SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.

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IN WRIT PETITION NO. 11404 OF 2020

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BETWEEN:

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SRI. R. NARAYANA PRABHU S/O R PADMANABHA PRABHU AGED ABOUT 44 YEARS R/AT PRABHU NIVAS KUNTALPADY, KARKALA TALUK UDUPI DISTRICT-574104

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... PETITIONER

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(SRI GIRISH M.K, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA BENGALURU-560001

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2 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, RACE COURSE ROAD KHANIJA BHAVANA BENGALURU-560001

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3 . DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY RAJATHADRI, UDUPI-576104 REP. BY THE DEPUTY COMMISSIONER AND THE CDHAIRMAN

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4 . DEPUTY CONSERVATOR OF FOREST KUNDAPURA DIVISION UDUPI DISTRICT-576201

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5 . SENIOR GEOLOGIST DEPATMENT OF MINES AND GEOLOGY RAJATHADRI A BLOCK MANIPAL, UDUPI DISTRICT UDUPI-576104 ... RESPONDENTS (BY SHRI VIKRAM HUILGOL, HCGP) ---

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(BY SHRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN LICENSE No.SCL45/2016-17/ IN RESPECT OF 2 ACRES OF LAND IN SURVEY No.159/1 OF KALYA-3 VILLAGE FOR A PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY

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TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO THE PETITIONER AS PROVIDED UNDER THE AMENDED SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.

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IN WRIT PETITION NO. 11406 OF 2020

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BETWEEN:

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SMT. SAVITHA H SALIAYAN W/O HARSHA S. SALIYAN AGED ABOUT 38 YEARS R/AT MAGIL BAIL HOUSE NANDALIKE VILLAGE, KALYA POST, KARKALA TALUK UDUPI- 574110

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... PETITIONER

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(BY SRI GIRISH M.K., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP., BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA BENGALURU- 560 001.

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2 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO. 49, RACE COURSE ROAD, KHANIJA BHAVANA BENGALURU- 560 001.

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3 . DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY RAJATHADRI, UDUPI- 576 104, REP., BY THE DEPUTY COMMISSIONER AND THE CHAIRMAN

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4 . DEPUTY CONSERVATOR OF FOREST KUNDAPURA DIVISION UDUPI DISTRICT- 576201

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5 . SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI A BLOCK, MANIPAL, UDUPI DISTRICT UDUPI - 576 104.

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... RESPONDENTS

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(BY SHRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED FOR DEEMED EXTENSION OF THE STONE CRUSHER LICENSE GRANTED IN LICENSE No.SCL29/2016-17 IN RESPECT OF 2 ACRES OF LAND IN SURVEY No.273/1A1, 275 AND 276 OF NANDALIKE-3 VILLAGE FOR A PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT AS PROVIDED UNDER AMENDED SECTION 5 OF KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AND ISSUE A CONSEQUENTIAL DIRECTION TO R-3 LICENSING AUTHORITY TO EXTEND THE BENEFIT OF THE DEEMED EXTENSION TO THE PETITIONER AS PROVIDED UNDER THE AMENDED SECTION 5(2) AND (3) OF THE SAID ACT OF 2011 AND ETC.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The learned Senior Counsel appearing for the petitioners in W.P.Nos.9750/2020, 9751/2020 and 9752/2020, on

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instructions, states that as far as the prayer clauses A are concerned, liberty may be granted to adopt appropriate

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proceedings in the event the prayer for deemed extension is not granted by the concerned Authorities.

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As far as the prayer clauses B are concerned, the issue is no longer res integra and is decided by a decision of this Court in the case of DHANANJAY vs. STATE OF KARNATAKA

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AND OTHERS¹ .

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Therefore, these 3 petitions will be governed by the said decision in the case of Dhananjay (supra).

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In W.P.Nos.11404 of 2020 and 11406 of 2020, the learned counsel appearing for the petitioners states that as far as prayer clauses A are concerned, the remedy of filing appropriate proceedings may be kept upon in the event the concerned Authority denies the benefit of deemed extension to the petitioners. As regards prayer clauses B, the case is covered by the aforesaid decision in the case of Dhananjay .

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Therefore, we dispose of the petitions by passing the following order:

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(i) Prayer clauses A are not pressed with liberty to the petitioners to file a fresh petition in the event

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1 (2019) 4 KAR.LJ 731

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10 -

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the prayers for deemed extension are not granted by the concerned Authorities;

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(ii) As regards prayer clauses B, the impugned orders/communications are set aside. However, we clarify that if the concerned Authority finds that the lands subject matter are covered by the wider concept of forest or forest land adopted by the Apex Court in the order dated 12^th December 1996 in the case of T.N.GODAVARMAN THIRUMULKPAD vs. UNION OF INDIA AND OTHERS , even if deemed extension of licence is granted, the same cannot be acted upon unless consent of the Central Government is granted as per Section 2 of the Forest Act, 1980;

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(iii) There will be no order as to costs.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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AHB

Sri. Vrishabharaj Kadamba v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Vrishabharaj Kadamba v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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