BYRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents.

(2.) Our attention is invited to the order dtd. 6/6/2023 passed in Writ Petition No.8141/2023 by which, the endorsement impugned therein was quashed and the matter was remitted back to the Senior Geologist, Department of Mines and Geology to consider the application of the petitioner a fresh. The learned counsel for the petitioner submits that the petitioner herein is similarly situated and the present writ petition may be disposed of in terms of the order passed in the afore mentioned writ petition.

(3.) In view of the order passed in Writ Petition No.8141/2023 and taking into consideration the submission of the learned counsel for the petitioner, we deem it appropriate to partly allow the writ petition. Accordingly, the impugned endorsement dtd. 20/3/2020 is set aside and the matter is remitted back to the Senior Geologist, Department of Mines and Geology to consider the application of the petitioner a fresh. The Senior Geologist to seek definite opinion from the Forest Department so as to arrive at a decision. Time for compliance is eight (8) weeks.