MSPL LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since the facts and circumstances and the issues involved in the aforesaid writ petitions are common, they are taken up and heard for common disposal.

(2.) Petitioners in WP No.14760/2022 and WP No.14795/2022 are common and are raising common contentions as under;

(3.) Petitioner in W.P.No.23151/2022 is before this Court claiming to have participated in E-bidding invited by respondent on 4/8/2022 in respect of mining lease for an area of 74.86 hectares situated at K.K. Kaval, State Forest, Hosadurga Taluk, Chitradurga District. That, the petitioner being successful bidder was issued with a Letter of Intent dtd. 21/9/2022 in terms of which, petitioner had paid bid amounts. That, the petitioner had sought for transfer of FC held by the earlier lessee namely, Mr. M. Srinivasulu as mandated by the Apex Court in its judgment rendered in Samaja Parivartana Samudaya & Others (supra). That, the application of the petitioner was rejected by the respondent authorities vide communication dtd. 15/11/2022 as per Annexure-A2 declining to transfer the FC. Thus, being aggrieved by the same, the petitioner is before this Court seeking quash of said communication dtd. 15/11/2022 at Annexure-A2 and other communications and for a direction in the nature of mandamus to the respondent authorities to transfer the permission under Sec. 2 of the Forest (Conservation) Act in favour of the petitioner.