Smt B Rathnamma Vs the State of Karnataka

SMT. B. RATHNAMMA W/O LATE SRI. KEMPACHARI, AGED ABOUT 59 YEARS, R/AT NO. 63/, ANANTHA NILAYA, SONNENAHALLI VILLAGE, JNANA BHARATHI POST, KENGERI HOBLI, BENGALURU DIST., BENGALURU - 560 056.

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CURRENT ADDRESS: NO. 2708/2, ANANTHA RATHNA NILAYA, 13TH CROSS, SIR M. VISHWESHWARAIAH LAYOUT, 3RD BLOCK, BENGALURU - 560110.

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…PETITIONER

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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(BY KUM. SIMRON, ADVOCATE FOR SRI. ASIF, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FORESTS, ECOLOGY AND ENVIRONMENT, M.S. BUILDING, BENGALURU - 560 001.

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THE CHIEF CONSERVATOR OF FORESTS (CCF), HASSAN CIRCLE, ARANYA BHAVAN,

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HC-KAR

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HASSAN - 573 201.

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THE DEPUTY CONSERVATOR OF FORESTS (DCF), TERRITORIAL DIVISION, HASSAN.

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SRI. K. M. PRADEEP, S/O K. S. MANJEGOWDA, OWNER OF SRI DEVI ESTATES, KANACHUR VILLAGE, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT.

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SRI. KUMARACHARI, S/O LATE KRISHNACHARI, AGED ABOUT 61 YEARS, RESIDING AT KENKERE VILLAGE, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT.

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…RESPONDENTS

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(BY SRI. PANINI A.H, AGA FOR R1-R3

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NOTICE TO R.4 AND R5 IS D/W.)

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THIS W.P. UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF CERTIORARI OR IN THE LIKE NATURE OF QUASHING, AS TO QUASH THE IMPUGNED ORDER DATED 30.04.2024 PASSED BY THE 2^ND RESPONDENT (CHIEF CONSERVATOR OF FORESTS, HASSAN) IN APPEAL NO.25/2023-24 (ANNEXURE-A) AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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HC-KAR

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ORAL ORDER

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1. Learned AGA accepts notice for respondents No.1 to 3.

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2. Notice to respondents No.4 and 5 is dispensed with in view of the proposed order to be passed.

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3. Petitioner is before this Court seeking for the following reliefs:

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"(a) Issue a Writ of Certiorari or in the like nature of quashing, as to quash the impugned order dated 30.04.2024 passed by the second respondent (Chief Conservator of Forests, Hassan) in Appeal No.25/2023-24 (Annexure-A);

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(b) Issue a writ of Certiorari quashing the illegal and fraudulent official memoranda/orders dated 11.12.2007 and 12.12.2007 ¸ÀASÉå:J3/¸Á«Ä¯ï/£À«ÃPÀgÀt/fJ¯ï-141/2007-08 passed by the third respondent transferring the sawmill License No.5760/2006-07 to the 4^th respondent (AnnexuresB & B1)

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(c) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity."

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4. The petitioner claims to be the widow and legal

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successor of one Sri Kempachari who was the absolute owner of M/s Mahalakshmi Sawmill. It is

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NC: 2026:KHC:33855 WP No. 11370 of 2026

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HC-KAR

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alleged that respondent No.5, who is the brother of deceased Kempachari, had orchestrated an elaborate fraud and had coerced the petitioner to sign blank stamp papers and thereby fabricated certain agreements. On which basis, respondent No.3 has transferred the license to respondent No.4 in the year 2007. It is this fraudulent transfer, which is challenged by the petitioner before the second respondent in Miscellaneous No.25/2023-24, which came to be dismissed vide order dated 30.04.2024. By the said order, the second respondent, considering the documents which are on record, dismissed the petition.

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5. Having gone through the papers, since the allegation by the petitioner is as regards alleged fraud committed by respondent No.5 and fabrication of documents, neither the second respondent nor this Court sitting in writ jurisdiction could decide the said matter. It is always available for the petitioner to

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