RAJALAKMI AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition was earlier dismissed for non- prosecution on 09.12.2004. The application filed seeking recall of that order along with an application for condonation of delay were rejected on 04.02.2010. An appeal in W.A.No.3558/2010 was filed against the said order. The Hon'ble Division Bench by the order dated 21.10.2011 has allowed the appeal and restored this petition for consideration. Accordingly, the petition being restored is taken up for consideration. In the meanwhile, the first petitioner is reported to be dead and petitioners No. 2 to 4, the legal representatives who are already on record are treated to be so.

(2.) The brief facts are that the land bearing Sy.No.342 of Gowthamapura Village, Sagar Taluk, Shimoga District, was Inam lands which vested in the Government on coming into force of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, with effect from 01.02.1959. Prior to the same, the predecessor of petitioners No. 1 to 4 viz., Gurumurthy Rao on negotiating with the Inamdars purchased the tree growth in the said forest land under a sale deed dated 12.09.1958 for Rs.10,000/-. The tree growth was agreed to be removed within a period of three years. However, before the completion of the said period, the Act came into force and the lands vested in the Government. Therefore, an application was made to the Government and also to the Divisional and Deputy Commissioner to permit him to remove the timber and fuel wood as contemplated under Section 14 of the Act. The permission granted was however for the value of Rs.10,000/-, less the extent of timber already removed. Since according to late Gurumurthy Rao, the right to timber was not in terms of the value, but it was to be removed over a period for which it was agreed with the Inamdar, he filed a writ petition before this Court in W.P.No.591/1978. The said petition was disposed of on 8/10.07.1986 directing the authorities to permit removal of timber and fuel wood for a period of 10 months which was considered to be the remaining period. The said order has attained finality.

(3.) When this was the position and the Deputy Conservator of Forests in obedience to the order passed in W.P.No.591/1978 had issued the official memorandum dated 04.06.1987 permitting the petitioners to cut and remove timber and fire wood for a period of 10 months, the same was questioned by one Sri Jayanna by filing a writ petition in public interest in W.P.No.17496/1989 so as to protect the environment by preventing denudation of forest. In the meanwhile, the Mysore (Personal and Miscellaneous) Inams Abolition (Amendment) Act, 1996, inserting Section 14-A was notified on 19.04.1996. The third petitioner herein assailed the said amendment by filing W.P.No.26407/1996. The said petition was clubbed with W.P.No.17496/1989 filed in public interest. They were disposed of by the common order dated 13.03.1998. The petition filed by the third respondent herein in W.P.No.26407/1996 was dismissed as withdrawn leaving open the points that had been raised.