GANAPATHI MANKALU GOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this matter coming up for preliminary hearing after notice, is disposed of by the following order.

(2.) the learned counsel for the petitioner as well as the learned government pleader for the respondents have been heard. Despite chances given, the respondents have failed to file statement of objections. Therefore, this court must proceed as if the allegations made by the petitioner true on account of non-traverse.

(3.) petitioner claims to be the owner of s.no 53 of yellapur village on the outskirts of yellapura town, being an agriculturist. In the said s No. There was certain tree growth and he wanted to extend the arable land and therefore he wanted to cut and remove the trees in order to bring the land covered by the tree growth under plough. In that behalf he made an application to the tree officer under Section 8 of the Karnataka preservation of trees Act, 1976. That application was made on 30-4-1986. But, no action was taken by the the tree officer having jurisdiction. The tree officer having jurisdiction is the second respondent deputy conservator of forests, yellapura division, yellapura, uttara karma da district.