VENKATESHWARA SAW MILL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner after obtaining license from the Mandal Panchayath, Yedyur and No Objection Certificate from the 5th respondent established saw mill in 1996. Petitioner's saw mill is running till date. Petitioner has submitted a representation with the 5th respondent so as to grant licence for running the saw mill.

(2.) Respondent No.5 by communication dated 14.11.2019 sought guidance from the 5th respondent for taking further action in the matter of grant of licence in favour of the petitioner. Petitioner also represented with the 3rd respondent so as to grant licence in his favour. The 4th respondent in turn by communication dated 2.1.2020 requested the 3rd respondent for guidance for taking further action in the matter of grant of licence to the petitioner for running the saw mill. Petitioner has also deposited the requisite fee with the 5th respondent on 7.1.2020. Petitioner submits that even though he has submitted representations with the respondents and satisfied all the conditions, the same have not been considered and as such, he has filed this writ petition.

(3.) Learned counsel for the petitioner submits that the petitioner is entitled for grant of licence to run the saw mill since the same was established prior to 2002 and also prior to the decision of the Hon'ble Supreme Court dated 29.10.2002 in the case of T N Godavaram Thirumullipad - vs- Union of India and others . He further submits that there is no legal impediment to grant licence in favour of the petitioner. However, the respondents on one or the other pretext are not granting licence in favour of the petitioner. He submits that it would suffice if the 5th respondent is directed to consider the representation dated 12.11.2019 for grant of licence and till then, the respondents may be restrained from taking any coercive steps against the petitioner.