RESHMA NAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner under the caption writ petition is seeking to quash the office memorandum dtd. 31/07/2017 bearing No.PCCF(WL)/B2/CR-33/2017-18 issued by 2nd respondent, whereby the permission granted by the 2nd respondent vide order dtd. 29/07/2017 bearing No.PCCF(WL)/B2/CR-33/2017-18 to run the resort under the name and style of M/s.Sam Nature and Health Camp situated in Sy.Nos.4/7, 4/8 and 4/1 at Suligere Village, Sathnoor Hobli, Kanakapura Taluk, Ramanagar District has been withdrawn and also seeking to quash the order dtd. 16/09/2015 bearing No.C1/RESORT/GL-1933/2012-13 passed by 3rd respondent vide Annexure - C, whereby permission sought to operate the said camp was rejected.

(2.) The facts leading to filing of this petition are as under:

(3.) It is stated that, the petitioner commenced the operation of M/s.Sam Nature and Health Camp in the month of August, 2013 and the petitioner sought for no objection certificate ("NOC") from the Forest Department to run the Eco Resort in the said lands. It is submitted that the NOC from the Forest Department is not mandated under any law as the said lands being revenue lands and also would fall outside the forest/sanctuary. But to the shock and surprise, the petitioner received a Notice dtd. 27/05/2014 (Annexure - K) issued by 3rd respondent/Chief Conservator of Forest, stating that the village in which the resort is situated is an enclosure village inside the Cauvery Wildlife Sanctuary and that the petitioner cannot run the resort since it is falling in the elephant corridor and stated that the said notice was issued based on report filed by the Deputy Conservator of Forest, Chamarajanagara to 2nd respondent. Aggrieved by the notice issued by the Deputy Conservator of Forest, Chamarajanagara, the petitioner approached this Court by filing W.P.No.22122/2014 and this Court disposed of the petition on 12/06/2015 reserving liberty to the petitioner to make a representation to the Chief Conservator of Forests/3rd respondent, who shall, on affording an opportunity of hearing pass order within three months from the date of representation. Accordingly, in furtherance of the said liberty granted, the petitioner submitted a representation on 17/07/2015 to the Chief Conservator of Forests/3rd respondent, who passed an order dtd. 16/09/2015 rejecting the said representation and thereby, the permission to run the resort was also rejected. Aggrieved by the said order, the petitioner approached the Principal Chief Conservator of Forests (Wildlife) and Chief Wildlife Warden, Karnataka/2nd respondent on 16/10/2015 by filing an appeal and the same is pending consideration.