H.R. GAVIAPPA AND CO. (A REGISTERED PARTNERSHIP FIRM) Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOREST AND ECOLOGY AND ENVIRONMENT AND OTHERS

JUDGEMENT

(1.) WHETHER the report of the Lokayukta could be the basis for registering the First Information Report vide FOC No. 162/2008 -09 dated 11.3.2009 against the petitioner and to pass an order dated 11.3.2009 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 2.4.2005 bearing M.L. No. 2483 for extracting iron ore for a period of fourteen years over an extent of 34 hectares in Navalati/Vittalnagar villages, Sandur taluk, Bellary District, with effect from 24.4.2002. Pursuant to the said mining lease, an agreement of lease was entered into between the petitioner and the Government of Karnataka on 18.4.2005.

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