N MANJAIAH SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this case is calling in question the action of the respondents to entrust the right of collection of Latex, that is, 'haimaddi' from Ailanthus Malabaricum trees from Kundapura, Byndoor and Shankaranarayana ranges and states that there should be a writ of mandamus directing the respondents 1 to 3 to call for tenders to entrust the right of collection of Latex from the forests in question by following the procedure prescribed under Chapter 12 of the Karnataka Forest Act, 1963 (hereinafter referred to as 'the Act').

(2.) The ground upon which the petitioner seeks this relief is that under Rule 85 of the Karnataka Forest Rules (hereinafter referred to as 'the Rules') no minor forest produce should be sold by any method other than the following ;

(3.) The respondents have raised various contentions including the one that the period for which the lease has been granted has already expired on 30-6-1990 and therefore this petition itself having become infructuous, it is necessary to grant any relief to the petitioner. But the petitioner submits that this has become an annual feature so far as the respondents are concerned and therefore I should consider the contentions raised in the petition and indicate whether the procedure adopted by the respondents is in order or not and give proper guidance. Therefore, I propose to examine these contentions raised by the petitioner in this case.