STATE OF KARNATAKA Vs. O. L. CHANDREGOWDA

JUDGEMENT

(1.) This intra court appeal is filed under Section 4 of the Karnataka High Court Act, 1961 challenging the order dated 29.10.2013 passed by the learned Single Judge in WP No.18454/2010.

(2.) Brief facts giving rise to the filing of this appeal are that the father of the respondents was granted land bearing Sy.No.209 measuring 24 acres situated at Pandaravalli village. By communication dated 21.6.1983, the respondents were permitted to retain trees standing in Sy.No.209 on payment of current seigniorage rate. The Deputy Conservator of Forest by communication dated 17.12.1986 informed the concerned Tahsildar that the respondents' father has remitted a sum Rs.3,13,244/- towards seigniorage rate in respect of the full value of standing trees in Sy.No.209. Thereafter, the concerned Tahisldar issued a grant certificate under Section 91 of the Act imposing certain conditions and one of the conditions imposed was that the sandalwood trees standing in Sy.No.209 shall belong to the Government.

(3.) Subsequently, when the respondents sought to regulate the shade in the coffee cultivation and remove certain trees an amount of Rs.1,60,700.55ps and a sum of Rs.2.74,705/- respectively were collected from the father of the respondents towards the difference of Seigniorage rate. Thereafter, when 15 rosewood trees in the granted land were felled, the same were transferred to the Government Depot and were auctioned for Rs.3,71,300/-. However, the said amount was not paid to the respondents and in this regard, the respondents represented on 29.8.2006 seeking refund of the additional seigniorage rate collected. Thereafter, the 3rd appellant passed an order dated 20.3.2009 rejecting the request of the respondents to refund the amount for the value of the rosewood trees auctioned by the Government. Being aggrieved, the respondents filed writ petition challenging the order passed by the appellant No.3 rejecting the request of the respondents for refund.