N MAHABALESHWAR BHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner claims to be a purchaser of lands in Sy.No.23 measuring 25 acres and Sy.No.29/7 measuring 13.23 acres situated Biligeri Village, Biligeri Post, Madikeri Taluk, Kodagu District. The petitioner had made an application to the Deputy Conservator of Forest for cutting 349 trees, which was so accorded on 1/2/1983 with a condition that the petitioner would be liable to deposit the value of the timber cut and removed. In that background, the petitioner valued the trees at Rs.4,33,082.35 and deposited the same. After the trees were cut and removed, the petitioner realizing that the above land was an alienated Sagu Bane land, which had been accessed to land revenue, had made an application for refund of the money since there was no provision for the Conservator of Forests to impose a condition for depositing of the above amounts since the land exclusively belonged to the Petitioner and as such, any produce on the said land belonged to the Petitioner. The said request came to be rejected by an order dtd. 25/4/2012 by the Assistant Conservator of Forests contending that the earlier alienation of the Sagu Bane lands in the year 1897 cannot be considered under the Land Revenue Act, 1964 and as such, the amounts could not be refunded. It is challenging the same that the Petitioner is before this Court.

(3.) The learned counsel for the petitioner would again reiterate that once the sagu bane land has been alienated and admitted to revenue and the owner thereof has been making payment of the revenue, the land becomes the exclusive property of the owner, that is, the petitioner herein. The State not being the owner of the land, the petitioner being entitled to the land in his own right, the State cannot assert any title on any trees which have been grown on the said land and in this regard, he relies upon the decision of this Court in the case of E.G.White vs. State of Karnataka, (1979) 2 Kar.L.J., 233. more particularly Paras 5 and 12 thereof which have been reproduced hereunder for easy reference:-