P.DINESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Additional Government Advocate accepts notice for the Respondents.

(2.) The Petitioner has filed this Petition challenging the Endorsements dtd. 29/4/2022 issued by the Sr. Geologist Department of Mines and Geology, Chikkaballapur District whereby his mining Application has been rejected on the ground that the subject area falls in the forest land. Learned counsel for the Petitioner argues that unless the jurisdictional authority from the Forest Department submits his Report, such a decision could not have been rendered merely acting on the reports of the Assistant Commissioner which states about the presence of thorny plants, grass and boulder stones in an area of 05 Acres in Sy.No.94 of Nandanagenahalli Village.

(3.) Learned Additional Government Advocate appearing for the official Respondents having opposed the Writ Petition for some time, now agrees that the jurisdictional Forest Official on the reports submitted by the Revenue Officials has to form an opinion as to whether the subject 05 Acres of land is a forest land. There is force in the submission of learned counsel appearing for the Petitioner also that such an exercise has to happen.