Karnataka High Court
Mr S V Srinivaslu vs State Of Karnataka on 3 March, 2016
Bench: Chief Justice, Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH 2016
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WP No.28125/2015 (GM-FOR)
BETWEEN :
MR. S V SRINIVASALU
S/O SRI S VIRUPAKSHA CHETTY
AGED ABOUT 65 YEARS
HAVING RESIDENCE AT "OM NIVAS"
5TH CROSS, M.J NAGAR
HOSPET-583 203
... PETITIONER
(By Smt. NIVEDITHA THIMMAIAH, ADVOCATE FOR
Sri ARUN KUMAR K, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF FOREST, ECOLOGY & ENVIRONMENT
M S BUILDING, DR AMBEDKAR VEEDHI
BANGALORE-560 001
2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
"ARANYA BHAVAN"
18TH CROSS, MALLESHWARAM
BANGALORE-560 003
3. THE DEPUTY CONSERVATOR OF FORESTS
BELLARY DIVISION
BELLARY-583201
... RESPONDENTS
(By Sri Y.H.VIJAY KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL
DEMAND NOTICE DATED 12/15.6.2015 VIDE ANNEXURE-A ISSUED BY
THE R-3 AND ALL FURTHER PROCEEDINGS THERTO AND ETC.,
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
By filing this writ petition, the writ petitioner is challenging the final demand notice demanding the Forest Development Tax (FDT).
2. The writ petitioner is of the opinion that, in view of the pronouncement of this Court on December 3, 2015, in WP No.2642 of 2009 and connected matters, he is not liable to pay the Forest Development Tax.
3. We feel that justice will be subserved, if liberty is granted to the writ petitioner to make a representation to the Secretary, Department of Forest, Ecology and Environment, within two weeks.
4. If such a representation is made, the said Secretary is requested to consider and dispose of the same within three months from the date of submission of the representation, after giving opportunities of hearing to all concerned in the matter.
5. Till such time, the authorities are restrained from taking any coercive action against the writ petitioner on the basis of such demand notice.
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6. The writ petition stands disposed of.
7. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv