KUMARASWAMY MINERAL EXPORTS REP. BY SHANTESH GUREDDI PARTNER Vs. STATE OF KARNATAKA REP. BY ITS PRINCIPAL 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 dated 12.2.2009 against the petitioner and to pass an order dated 12.2.2009 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 is a registered partnership firm and was a lessee under the mining lease bearing M.L. No. 2141 dated 24.1.1992 for a period of twenty years over an extent of 82.55 acres in Yeswanthnagar, Sandur taluk, Bellary district, for mining iron ore.

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