AMBIKA GHORPADE W/O SRI KARTHIKEYA GHORPADE Vs. STATE OF KARNATAKA REPRESENTED 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 4.2.2009 against the petitioner and to pass an order dated 4.2.2009 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 lessee under the mining lease deed bearing M L No. 2354 dated 19.6.2002 for a period of twenty years over an extent of 12.24 acres in Sy No. 57, 65, 66 and 67 of Kammatheruvu village, Sandur taluk, Bellary district, for mining iron ore.

(3.) ) In this backdrop, it is contended on behalf of the petitioner that: (i) both the impugned proceedings - FIR dated 4.2.2009 and the seizure order dated 4.2.2009 are liable to be quashed, as the same are only based upon the report of the Lokayukta which is yet to be accepted by the Government; (ii) the Lokayukta report cannot be put against the petitioner, as the petitioner was not given any opportunity of being heard before the Lokayukta; (iii) assuming the respondents propose to take action based on the Lokayukta report, the second respondent ought to have given an opportunity to the petitioner to explain its case against the findings in the Lokayukta report; (iv) assuming the respondents have got power to initiate action against the petitioner under Section 62A of the Karnataka Forest Act, 1963 (for short, 'the KF Act), the some ought not to have been exercised arbitrarily, illegally and unreasonably against the petitioner.