SRI VENKATESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court assailing the auction notice dated 04.06.2014 published by the Deputy Commissioner of Forest, Tumakuru Division, Tumakuru for cutting of the road side trees between Kms. 26 to 27 in Unit No. 19 between Tumakuru Unit Road and Kunigal Y.K. Ramaiah Circle. The petitioner is seeking issue of mandamus to permit the petitioner to cut and remove the road side trees between Kms. 26 to 27 in Unit No. 19 referred to above.

(2.) Respondent Nos. 1 to 3 are stated to have initially published a tender-cum-auction notice dated 22.09.2011 calling for respondents to remove the trees situated on the road side between Kms. 26 to 27 in Unit No. 19. The petitioner is stated to have participated in the tender process and was successful. Accordingly, the petitioner through the receipt at Annexure-B has deposited a sum of Rs.1,07,688/- on 09.11.2011. The petitioner contends that the petitioner was not permitted to cut and remove the trees subsequently since respondent Nos. 1 to 3 are stated to have informed the petitioner that there was an interim order granted by this Court in a public interest petition. The petitioner however contends that the said information to the petitioner was not the accurate information since what was considered in the said public interest litigation is relating to the road between Gubbi and Maddur.

(3.) In that light, it is contended that though the petitioner was entitled to cut and remove the trees, he was not permitted to do so on the wrong assumption, but respondent Nos. 1 to 3 have thereafter proceeded to issue a fresh tender notification dated 04.06.2014 in respect of the same work and awarded the work to respondent No. 4 thereby causing loss to the petitioner. Though in that regard the petitioner had filed an appeal, the same has been rejected by the order dated 11.12.2014. It is in that view, the petitioner is before this Court.