The concept of deemed forest is foreign to law, and the revival of a previously granted license allows the petitioner to maintain the petition and carry out stone crushing operations.

JUDGMENT

1. In this writ petition, the petitioner inter alia seeks a writ of certiorari for quashment of the communication dated 01.06.2022 issued by the Deputy Conservator of Forest as well as a writ of mandamus directing not to interfere with the land of the petitioners to conduct crushing operation on the land in question. In addition, the petitioner seeks a writ of mandamus directing Senior Geologist to issue permits for transporting final products.

2. Facts giving rise to filing of this writ petition briefly stated are that one Eregowda was the owner of land bearing Sy.No.73 situate in Neelankoppalu Village, Srirangapatna Taluk, Mandya District (hereinafter referred to as 'the schedule land' for short). He sold the said land to the petitioner. The Tahsildar by a saguvalli Chit dated 10.09.1987 granted land bearing Sy.No.18 measuring 2 acres 1 gunta in favour of the petitioner. The petitioner wanted to set up a stone crusher unit. He therefore, submitted an application to the Assistant Commissioner, Mandya for grant of conversion under Section 95 of the Karnataka Land Revenue Act, 1964. The Assistant Commissioner by an order dated 16.12.1992 permitted the use of land for establishing stone crusher unit.

3. The petitioner thereafter submitted an application to the District Licencing Authority for issuance of licence in Form-C for setting up a stone crushing unit. The licence was granted to the petitioner by an order dated 28.11.2018, which is valid upto 31.03.2024. However, the aforesaid licence was cancelled by an order dated 31.07.2021 by the Deputy Commissioner-cum-Chairman, District Stone Crushers Licensing and Regulation Authority.

4. The said order was challenged by the petitioner in a writ petition viz., W.P.No.15488/2021, which was allowed by a learned Single Judge of this court and the order dated 31.07.2021 was quashed with liberty to the respondents to issue a fresh show cause notice to the petitioner and to grant it 15 days time to file a reply and to take a final decision. Thereafter, by an order dated 15.12.2021, the District Stone Crushers Licensing and Regulation Authority directed that suitable decision as per the Rules for crushing licence shall be taken.

5. The Senior Geologist by a communication dated 28.02.2022 sought the opinion of Deputy Conservator of Forest, Mandya Division, Mandya. The Range Forest Officer submitted a report on 15.03.2022 stating that the schedule land is not a forest land. The Deputy Conservator of Forest on the basis of the aforesaid report by a communication dated 23.03.2022 informed the Senior Geologist that schedule properties are not part of forest lands. However, the Deputy Conservator of Forest by a communication dated 01.06.2022 informed the Deputy Commissioner, Chairman, District Level Deemed Forest that the land in question is a deemed forest. In the aforesaid factual background, this petition has been filed.

6. Learned counsel for the petitioner submitted that the impugned communication dated 01.06.2022 is contrary to law laid down by division bench of this court vide order dated 12.06.2019 passed in W.P.No.54476/2016, which has been followed subsequently by another division bench of this court vide order dated 21.06.2022 passed in W.P.No.10502/2022. It is further submitted that on the basis of the aforesaid communication, the petitioner is being prevented from conducting the crushing operations.

7. On the other hand, learned Additional Government Advocate submitted that the petitioner does not have the permission to carry on the crushing operations and therefore, has no locus to maintain this petition, in which an inter departmental communication has been assailed.

8. We have considered the submissions made on both sides and have perused the record. The petitioner was granted a licence on 28.11.2018, which is valid upto 31.03.2024. The aforesaid licence was cancelled by an order dated 31.07.2021. The aforesaid order has been set aside by an order dated 16.09.2021 passed in W.P