N P PONNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SINCE common questions of fact and law are involved in all these writ petitions, they are clubbed together, heard and disposed of by this common order.

(2.) ). Petitioner in W. P. No. 26284/1994 claims that he is the absolute owner and in possession of lands bearing Sy. Nos. 244, 256 and 257 of Garagndoor village of Somawarpet Taluk, Kodagu District. Petitioner claims that the lands are redeemed lands and he has got absolute right over the lands as well as trees standing therein. He has produced a copy of the Jamabandhi extract of Sy. Nos. 244, 256 and 257 for the years 1929-30, 1944 and 1993 and they are annexed as petition documents 'a, B and C' respectively. Petitioner with an intention to have better coffee cultivation in the lands in question, had approached the Deputy Conservator of Forests, Madikeri Division, Madikeri, (hereinafter referred to as 'forest Officer'), for grant of permission to cut and remove the overgrown trees. Pursuant to the request so made, it appears that the Forest Officer had accorded permission to the petitioner to cut and remove the overgrown shade trees in the lands in question. It appears, petitioner had cut more number of trees than what was permitted by the Forest Officer. In view of this illegal felling of trees by the petitioner, the Range Forest Officer of the area had booked a forest offence case in FOC No. 47/92-93 dated 23-2-1993 and seized the timber prepared out of illegally felled trees. Since the petitioner offered to compound the forest offence by paying the value of the materials illegally felled, the Forest Officer after accepting the offer had directed him to pay a sum of Rs. 1,39,087/-, being the value of timber. It appears, petitioner after paying the said amount under protest, had taken possession of the seized materials and transported the same to its destination.

(3.) PETITIONER by his representation dated 13-7-1994, requested the Forest Officer to refund the seigniorage collected from him on the ground that the lands in possession are redeemed lands and he has got absolute right over the lands as well as trees standing therein, and further since he has cultivated coffee in the said lands, it is exempted from the purview of the Karnataka Preservation of Trees Act and the Rules framed thereunder. The Forest Officer after obtaining the report of the Revenue Officer, has rejected the claim made by the petitioner in his representation dated 13-7-1994 by his order dated 17-8-1994. Aggrieved by this order of rejection, petitioner is before this Court for an appropriate writ and direction.