K.R. GOPIKRISHNA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition was filed to declare that the condition imposed in the order dated 14.07.2014, as at Annexure -N, passed by the 2nd respondent and in the renewed licence dated 14.07.2014 as at Annexure -M, in so far as it relates to, reducing the number of machines to be used in the petitioner's sawmill i.e., from four vertical machines to one vertical machine and from four horizontal machines to one horizontal machine, is without authority of law and ultra vires the powers conferred under the Karnataka Forest Act and Rules made thereunder.

(2.) THE petitioner, a sawmill owner, made an application for renewal of the licence for the period 2014 -15. Considering the said application, by an order dated 14.07.2014, the licence was renewed by reducing the number of both horizontal and vertical machines to be used in the petitioner's sawmill, from four to one. The petitioner claims that he has obtained HT power supply of 103 KVA to run the sawmill and has engaged 25 employees apart from 10 labourers to work as helpers and cleaners and that he has made huge investment for purchase of the machinery and on account of the unilateral decision taken to reduce the number of machines, his investment would go waste and the livelihood of himself and the persons employed in the sawmill would be severely affected.

(3.) SRI S. Lakshminarayana, learned AGA, on the other hand contended that, if the petitioner had any objection in the matter of renewal of sawmill licence, opportunity was provided to approach the Licensing Authority within a period of 30 days and since the petitioner has not availed the said opportunity, which is clear from Annexure -N, impugned in this writ petition, the writ petition is not maintainable. He submitted that the impugned action being neither arbitrary nor illegal, no interference is called for.