DEPUTY CONSERVATOR OF FORESTS Vs. K.R.CHANDRASHEKHAR

JUDGEMENT

(1.) I.A.No.I/2019 has been filed by the respondent, seeking early hearing of this appeal. With the consent of learned Addl. Govt. Advocate (AGA) appearing for the appellant State and learned counsel for respondent, the appeal has been heard finally.

(2.) The State has filed this appeal being aggrieved by order dated 12/12/2013 passed in W.P.No.18846/2013 by the learned Single Judge of this Court. By the said order, the writ petition was disposed by quashing Annexure "H" being the impugned order dated 11/10/2012 and directing the State and other authorities to refund a sum of Rs.5,32,895/- deposited by the respondent herein, with interest accrued thereon, within a period of two months from the date of furnishing a copy of the order. The amount has been deposited by the respondent herein in State Bank of India, Chickmagalur Branch, by virtue of interim order dated 03/04/1998 in W.P.No.11048/1998.

(3.) This writ appeal has a checkered history. Succinctly stated, the facts are that respondent being an agriculturist was granted land under two orders namely, by order dated 28/02/1985 to an extent of 3 Acres 30 Guntas in Sy.No.196 of Doddamagaravalli village and a further extent of 10 Acres in the same survey number was granted to the brother of the respondent on 07/12/1988. The said lands are situated in Doddamagaravalli village, which was granted for the purpose of coffee plantation, since the land was used for coffee plantation and the tree growth would winder coffee plantation and for the purpose of shade lapping, the respondent herein sought permission of the Deputy Commissioner for felling the trees. The Deputy Commissioner had to consider as to whether there was any reservation of the trees made at the time of grant and also the value of the tree growth that had been collected at the time of the grant and as to whether the same was paid or not. When a demand was made for payment of additional value for the trees, the respondent herein filed W.P.No.11048/1998. The said writ petition was disposed of on 12/09/1999. However, in the said writ petition, pursuant to the interim order dated 03/04/1998, a sum of Rs.5,32,895/- was deposited by the respondent, subject to result of the writ petition, since the tree growth was removed. The writ petition was disposed of with liberty to make appropriate request regarding the said amount. The petitioner, however, once again approached this Court in W.P.No.22967/2001, which was disposed of on 08/03/2007. While considering the same matter, learned Single Judge in the said writ petition was of the opinion that the matter required re-consideration by the authorities and remanded the matter. However, being aggrieved by the said remand, respondent herein filed W.A.No.791/2007. The Division Bench disposed of the said appeal by judgment dated 20/06/2012 and the order of remand made by learned Single Judge was not interfered with and the matter was left open to be reconsidered. The Deputy Conservator of Forests passed an order dated 11/10/2012 at Annexure "H". The same was assailed in W.P.No.18846/2013 out of which, this writ appeal arises. The said writ petition was heard by the learned Single Judge and the aforesaid directions were issued. Being aggrieved by the direction issued to the appellants to refund a sum of Rs.5,32,895/-, the State has preferred this appeal.