M M THAMMAIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) Petitioner-1 is holder of a 'Bane' land in Virajpet Taluk in Coorg District. He had sold timber standing on that land to petitioner-2. and he made an application to the Divisional Forest Officer, South Coorg Division, (Respondent-2) for issue of a permit in the name of petitioner-2 to cut and remove such timber. Respondent-2 intimated petitioner-1 that as the land was not redeemed, he (respondcnt-2) had directed the Valuation Officer. Virajpet, to value such timber under Rule 137 of the Mysore Forest Rules, 1969.

(2.) In this petition under Art.226 of the Constitution, the petitioners have prayed for striking down Rule 137 of the Mysore Forest Rules, 1969, (hereinafter referred to as the Forest Rules) as invalid. They have a]so prayed for a mandamus directing respondent-2 to issue a permit to the petitioners for conveying such timber. The Consolidated Coffee Ltd.. Pollibetta, Coorg District, who has filed a similar petition which is still pending, sought for permission to intervene in this petition. We permitted that Company to intervene in this petition. Sri A.C.Nanjappa, its learned Counsel, addressed arguments supplementing those of Mr.K.S.Gowrishankar, learned Counsel for the petitioners.

(3.) Before dealing with the contentions of the parties, we shall briefly set out the nature of Bane land and the relevant provisions of the Mysore Land Revenue Act, 1964, the Rules under the Coorg Land and Revenue Regulation, 1899, the Mysore Forest Act. 1963. and the Mysore Forest Rules, 1969.