A T CHENGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) DESPITE calls there is no representation on behalf of the petitioner. Heard the learned Government Pleader. Perused the petition averments, counter statement and the documents.

(2.) ). The petitioner was granted permission under Annexure-A dated 1-12-1993 to fell certain tress in the lands mentioned in the Schedule in the writ petition. The period for which the said permission granted was up to 15-1-1994. It is stated that petitioner had to pick the coffee crop before felling the trees and he had to wait for some time. He filed an application to the 2nd respondent to extend the time for felling the trees. By the impugned endorsement at Annexure-C dated 15-7-1995 the petitioner was informed that his request cannot be considered as the Government order dated 12-4-1991 is withdrawn. Aggrieved by the same the petitioner has filed this writ petition seeking a direction to the 2nd respondent to extend the time for felling the trees.

(3.) STATEMENT of objections is filed on behalf of respondents stating that the lands in question are 'unredeemed' lands and the trees grown therein vests with the Government. It is further stated that the relaxation order dated 10/12-4-1991 has been withdrawn by the Government on 18-7-1994. The stand taken is that the petitioner should have cut the trees within the permitted period. In view of withdrawal of the relaxation order by the Government, the 2nd respondent cannot extend the time sought for by the petitioner. The petitioner has been advised to file application under Rule 132 of the Karnataka Forest Rules for providing shade to his coffee cultivation. Respondents have prayed for dismissal of the writ petition.