S S SUBBALAXMI Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS in these writ petitions claiming ownership of lands in Sy. No. 199 measuring 5 acres and Sy. No. 200 measuring 5 acres situate at Huligaradi Village, Megunda Hobli, Koppa Taluk, Chickmagalur District have sought for quashing of endorsement dated 13. 8. 2002 (copy at Annexure G) issued by the 4th respondent, Deputy Conservator of Forest Koppa Division, Koppa as also the order dated 24. 4. 1995 (copy at Annexure A) passed by the 2nd respondent, Deputy Commissioner, Chickmagalur District.

(2.) PETITIONERS have also sought for a direction in the nature of mandamus to direct the 4th respondent to refund the amount of Rs. 98,051/- along with interest @ 18% per annum from 19. 7. 1996 till the date of payment.

(3.) PETITION averments are that the lands in question were granted by the Government of Karnataka in the year 1961-62, that the petitioners had paid the value of the trees standing on the lands at that time, that thereafter the grant had been confirmed and that they were issued saguvali chit in the year 1983, that they have become absolute owners of the these lands, that notwithstanding when petitioners sought permission for removal of trees that had been cut and which have had grown in these lands they had been asked to pay a sum of Rs. 98,051/- as maramalki. The payment of the amount is evidenced by a copy of the receipt dated 19. 7. 1996 which is produced at Annexure B.