MOHAMMED AFZAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned counsel for the petitioner invited our attention to the order passed by the Division Bench of this Court in W.P.No.14466/2022 dtd. 28/7/2022. The copy of the said order is placed on record at page No.178.

(2.) The submission of the learned counsel for the petitioner is that the petition is similarly circumstantial, and as this Court found, the communication, though it was between two officers, namely, the Deputy Conservator of Forests, Mandya Division, Mandya, to the Licensing Authority, namely, the Deputy Commissioner. The communication is in violation of the law laid down by a Division Bench of this Court, vide order dtd. 12/6/2019 passed in W.P.No.54476/2016 c/w W.P.No.51135/2016 in the case of DHANANJAY VS. STATE OF KARNATAKA AND OTHERS, the communication cannot be sustained. Accordingly, the petition was partly allowed.

(3.) The communication in the present matter is at Annexure-A. As the communication runs on the same line as it was in W.P.No.14466/2022. We see no reason to take a different view than the view adopted by the Division Bench in W.P.No.14466/2022 dtd. 28/7/2022. Accordingly, the petition is allowed and the communication at Annexure-A dtd. 25/8/2021 is quashed and set aside.