KANHAIYALAL DUDHERIA REPRESENTED BY ITS PARTNER SRI SANJAY BACHHAWAT S/O NAVRATANMAL BACHHAWAT Vs. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT AND OTHERS

JUDGEMENT

(1.) WHETHER the report of the Lokayukta could be the basis for registering the First. Information Report dated 18.2.2009 against the petitioner and to pass an order dated 19.2.2009 seizing the iron ore alleged to have illegally mined in the forest area as well as the tools, vehicles and machinery used for such illegal mining; and whether such FIR and the order of seizure can be quashed by exercising the power of judicial review under Article 226 of the Constitution of India, are the questions that arise for our consideration in the present writ petition.

(2.) THE petitioner was originally granted a mining lease on 16.6.1980 bearing M.L. No. 1672 for extracting iron ore for a period of twenty years over an extent of 30.76 hectares in Ramdurg, Sandur taluk, Bellary District, which was renewed further for a period of twenty years from 10.10.2007 with effect from 16.6.2000.

(3.) IN this backdrop, it is contended on behalf of the petitioner that: