IMPORTANT POINT
Relief cannot be granted on the basis of material in another and irrelevant case.

JUDGMENT :

Ashok Bhushan, J.

Delay condoned. Leave granted.

2. This appeal has been filed against the impugned judgment and order of Karnataka High Court dated 04.07.2017 in Writ Petition No. 18941/2016 and Writ Petition Nos. 19328-19335/2016(GM-MM-S). High Court vide its judgment dated 04.07.2017 has allowed the Writ Petitions directing for release of the iron ore in favour of writ petitioners (respondent herein).

3. The brief facts necessary to be noted for deciding this appeal are:

A First Information Report No. 17/2009-10 dated 15.03.2010 was registered for illegal storage of iron ore by violating Sections 2(7)(b)(iv), 62, 80 of the Karnataka Forest Act, 1963 and Rules 143, 162 of the Karnataka Forests Rules, 1969. Judicial Magistrate First Class, Ankola permitted for further inquiry by including Section 24(e) of Karnataka Forest Act, 1963. On 20.03.2010 about 5 Lakhs Metric Tonnes of illegally stocked iron ore has been seized on "as-is-where-is-basis" and seizure report has been submitted to the Judicial Magistrate First Class, Ankola who permitted to retain the same until further orders.

4. Another case registered was CBI Crime No. RC 17(A)/2012. Chargesheets were filed after investigation in Special C.C. No. 268/2013, Special C.C. No. 11/2014, Special C.C. No. 14/2014, Special C.C. No. 15/2014, Special C.C. No. 36/2014, Special C.C. No. 37/2014, Special C.C. No. 38/2014, Special C.C. No. 53/2014, Special C.C. No. 54/2014. The State filed an application under Section 451/457 Cr.P.C. in the aforesaid cases before the XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore (CCH-34), seeking permission to dispose off 56 heaps of iron ore lying at the Belekeri Port approximately weighing 2,72,713.347 Metric Tonnes by e-tender.

5. Notices were published in the newspapers inviting the filing of application for the interim disposal of seized 56 heaps of iron ore at Belekeri Port by Dy. Conservator of Forests, Karwar on 29.03.2015. The XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore (CCH-34) after considering the application passed an order on 08.05.2015 allowing the application under Section 451/457 Cr.P.C. permitting the applicant/State to dispose off the seized iron ore through e-tender on certain terms and conditions as enumerated in the order.

6. Against Order passed on 08.05.2015, Writ Petition No. 18941/2016 and Writ Petition Nos. 19328- 19335/2016(GM-MM-S) were filed by the respondents in the High Court of Karnataka at Bangalore. In the Writ Petition following prayers were made:

"PRAYER

Wherefore, for the reasons and circumstances stated to hereinabove, it is most humbly prayed that this Hon'ble Court may be pleased to:

(i) Issue a Writ of Certiorari or any other appropriate Writ or Order or direction setting aside the Order dated 08.05.2015 passed by the Court XXXII Additional City Civil & Sessions Judge & Special Judge for CBI Cases in Bangalore (CCH 34) in Spl. C.C. Nos. 268/2013, 11, 14, 15, 36, 37, 38, 53 & 54 of 2014 vide Annexure - A & all further consequential proceedings thereto, only in so far as the petitioner is concerned, in the interest of justice and equity.

(ii) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction, directing the 2nd,3rd, 4th & 5th Respondents to consider the representation dated 04.02.2016, 08.02.2016 & 24.02.2016 submitted by the petitioner vide Annexure -`P','P1' & `P2' and permit the petitioner to remove and transport the entire quantity of approximately 34.544 Metric Tonnes of iron ore from Belekere Port premises to the Pig Iron Plant of the petitioner at Amona in State of Goa by endorsing the Mineral Dispatch Permits & Forest Transit Passes & without insisting on any further payment of Royalty, in the interest of justice and equity.

(iii) Issue such other appropriate Writ or Order or Direction as deemed fit under the facts and circumstances of the case, in the interest of justice and equity."

7. The