M/S K P R Timber Traders vs State Of Karnataka on 29 August, 2019

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Karnataka High Court

M/S K P R Timber Traders vs State Of Karnataka on 29 August, 2019

Bench: Alok Aradhe

                              1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 29TH DAY OF AUGUST 2019

                          BEFORE

         THE HON'BLE MR. JUSTICE ALOK ARADHE

       WRIT PETITION NO.38941/2018 (GM-FOREST)

BETWEEN:

M/S.K.P.R. TIMBER TRADERS
(A PROPRIETORSHIP CONCERN)
GST REGISTRATION NO.29AKTPS5460R1ZS
REP. BY ITS PROPRIETOR
SRI P.SALEEM
THIRUMALA SAW MILL BUILDING
BEHIND MADHAVA SCHOOL
NEW RATHNAPURI ROAD
HUNSUR - 571 105
MYSORE DISTRICT

AND ALSO HAVING OFFICE AT
NO.5/312, FEROKE, CHANDAKKADAVU
KOZIKODE - 673 631
KERALA                                      ... PETITIONER

(BY SRI K.N.PHANINDRA, SENIOR COUNSEL FOR
    SMT.VAISHALI HEGDE, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REP. BY ITS PRINCIPAL SECRETARY
       AND ADDITIONAL CHIEF SECRETARY
       DEPARTMENT OF FOREST,
       ECOLOGY AND ENVIRONMENT
       M.S.BUILDING, 4TH FLOOR
       DR.AMBEDKAR VEEDHI
       BENGALURU - 560 001

2.     THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
       (HEAD OF FOREST FORCE)
                               2


     "ARANYA BHAVAN"
     18TH CROSS, MALLESWARAM
     BENGALURU - 560 003

3.   THE DEPUTY CONSERVATOR OF FORESTS
     KUNDAPUR DIVISION
     KUNDAPUR - 576 201

4.   THE DEPUTY CONSERVATOR OF FORESTS
     YELLAPUR DIVISION
     YELLAPUR - 581 359

5.   THE DEPUTY CONSERVATOR OF FORESTS
     SIRSI DIVISION
     SIRSI - 581 401

6.   THE DEPUTY CONSERVATOR OF FORESTS
     SHIMOGA DIVISION
     SHIMOGA - 577 201

7.   THE DEPUTY CONSERVATOR OF FORESTS
     SAGAR DIVISION
     SAGAR - 577 401                        ... RESPONDENTS

(BY SRI VIJAYKUMAR A. PATIL, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
STATE GOVERNMENT AND ITS AUTHORITIES CANNOT LEVY,
DEMAND AND COLLECT 'FOREST DEVELOPMENT FEE' AT THE RATE
OF 12% OF THE SALE CONSIDERATION AMOUNT UNDER SEC.98-
A(1) OF THE KARNATAKA FOREST ACT, 1963 IN RESPECT OF THE
TIMBER & OTHER FOREST PRODUCE AUCTIONED/SOLD BY THE
FOREST DEPARTMENT IN DIFFERENT GOVERNMENT DEPOTS IN
KARNATAKA IN VIEW OF THE JUDGMENT RENDERED BY THE
DIVISION BENCH OF THIS HON'BLE COURT ON 04.10.2017 IN THE
CASE OF SRI B.RUDRAGOUDA & OTHERS -VS- STATE OF
KARNATAKA & OTHERS, REPORTED IN AIR 2018 KAR 19 AND ETC.

       THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
                                 3


                           ORDER

Sri K.N.Phanindra, learned Senior Counsel for Smt. Vaishali Hegde, learned counsel for the petitioner.

Sri Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.

The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.

2. Sri K.N.Phanindra, learned Senior Counsel for the petitioner submits that the impugned invoices have been issued after the decision of the Division Bench of this court wherein it was held that the State Government has no authority to levy forest development fee.

3. The aforesaid aspect of the matter is not fairly disputed by the learned Additional Government Advocate.

4. In view of the aforesaid submission and taking into account the fact that the impugned invoices have been issued after the decision of the Division Bench of this Court, the impugned invoices are hereby quashed. Accordingly, the petition is disposed of.

5. It is needless to state that in case the demand has been made subsequent to the decision of the Division Bench of this Court dated 04.10.2017, the petitioner shall be entitled for refund of the amount.

Sd/-

JUDGE hkh.

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