M S CHOKKALINGAM CHETTIAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Inordinate delay and nonpayment of the value of 260 logs of rosewood by the respondents to the petitioner has driven the petitioner to this Court.

(2.) The following are the material facts of the case: The petitioner is the owner of Yemmegundi Estate of Woolugally village of Shuntikoppa in Coorg District. Essentially, the petitioner is a Coffee Planter and in order to provide shade to the plantation, he had grown a number of rosewood trees in the estate.

(3.) The Karnataka Forest Act, as amended by Karnataka Act No. 23/ 1974 regulates the trade and transportation of rosewood and 'bite' trees under S. 104A(4) of the Act. The Act envisages that the State Government or the Officer of the State Government not below the rank of a Divisional Forest Officer is competent to purchase or transport any black-wood or bite trees or timber grown in the private estate under S. 104A(4) of the Act. The price of such tree or timber has to be specified by the State from time to time and pricing is conditional upon the factors contemplated under S. 104(6) of the Act. The State Government or the Officer as the case may be who is authorised to purchase is bound by the price so fixed. Under Rule 127A of the Karnataka Forest Rules, 1969, the Officer In-Charge of the Government Depot is authorised to accept the bite trees or timber thereof brought to the depot during the business hours and he is expected to record measurements and classifications of timber and issue a receipt in Form No. 47 in token of receipt of the timber at the depot. For the purpose of payment of purchase price, the measurements recorded in the receipt is regarded as final.