V' 2 ..... .. 'V
" " " 3 4. 3m. Niiaufer Akbar, Govt. Advocate)
_ % Writ Appaal filed under Section 4 of the Karnataka
_ ~ Act praying to set aside the order passed in the Writ
' -petifion No.2908/ 2003 dateri 1 1.08.2008.
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IN THE HIGH COURT' OF KARRATAKA AT BANGALORE
DATED THIS THE 8'93 DAY OF DECEMBER. 2008
PRESEET
ma Horram MR. P.D.D!NA!{AR.AN, CHIEF
mm Honrnm MR.JU8'!'!CE s.s.PAfm. F" %
WRIT APPEAL 80.1415 or _
BETWEEN:
Siri K.S.€311a:udrashr$kar,
S] o Shankarayya Acharya,
Aged about 32 years, '
R/o Raghavcndra Nagar,
P-0-Kappa. V .. " ~
(By Sri zgéi'%%¢»caf£e;L_'V
1. The C<.)11ser\f':'¥ai;tz):1?c:f.}'i'o1A'£:;stV§,:
Chiciéqznagaiom Dist,
2;' fI"h¢_ Deputy Consgezvator of
Fo:tt*:$tS{' ' --.
Kappa Divisifizi, Kappa,
Disiriact. ... REBPOHDEHTB
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1636.0) of the Rules, the appeal ought to have been filed Within
three months but the appeal was filed belatedly. Aggrieve-d,T by
this Order of the lat respondent and the order H
respondent canceling the permission, the L” ‘
the writ petition out of which the pmse–ai’appeai.¢axise$;’ _ n
4. The learned Single Judge 1s.’a’.s..;1isn:iiss:éd Vfl1ev:i~%:jit..pet£tkei1
holding that no saw mill could be “to within
10 King. from the forest as The
learned Single Judge mr:heri’_:ofi§§.e ‘fi§1§~/fomst oficials
visited the ‘a4-xi’ found that it fell
within 10 it was contended
that the _ committed an error in not
condoning Jfithe 2″‘ respondent was not
justified ; ‘in _.acti:11g_jo1:11 copy of which was not
‘:.fi_ ix-1” “n*.si1écf imé Apgeeoifi, the learned Single Judge rejected the
the writ petition.
‘ We h;_:ive.ufiea1ti the learned Counsel for the parties and
” ” ‘T eemeidezed the materials on record.
-73.3 seen that the agpeflant herein had filed an
wapplieafion seeking cendonation of delay in filing the Appeal
” “e}:ic1osing a medical certificate evidencing the treament taken
remitted; ‘back utuo authority with a direction to
a”p_nea¢’_ I ‘by the appeilant on merits and pass
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by him from the Orthopedic Surgeon. The meciical certificate
also discloses that he was advised to take ms’: for four
on account of serious backache. As the asse1;iic,$;__«*
appellant is that his unit is located beyond the: .o
from the Forest area, W6 are of
should be given an opportunity to ux~g:éY.tAliisz
Appellate Authority. We are a1so’«ot’.the V. ‘V
shown by the appellant forj’ toe doléijf”iio-ooftrgs to’ijé’a£§oepted in
View of the medical certtificaio
‘7. In the sippeal is alioweé.
The order passioii Jtidge is set aside. The
writ petition is _Aei11o9s:e{e<i.VA3'«Thar:Viozxier passed by the 1" respon<:Ient-
Apizaellate Aiitlglozfityi is set aside. The matter is
accordance with law. T
I
Chief Jusfica
Sd/-é
51593
Index: Yes)' No