G KALAMANI Vs. CHIEF CONSERVATOR OF FORESTS KARNATAKA

JUDGEMENT

(1.) In these two petitions the reliefs sought for by the petitioners are almost indentical viz., to issue a writ of mandamus directing the respondents not to insist on any transit permit for transporting forest produce like seegekayi, soapnut (antiwala) on the ground that they are not, of forest produce. There is no prohibition to transmit the same, and the petitioner is transporting the same after purchasing from the Agricultural Produce Market Committee, he is not transporting from any forest.

(2.) In order to know whether the transit permit is required in respect of seegekayi, soapnut (antiwala), it is proper to know the following provisions.

(3.) Sub-section (7) of S. 2 of the Karnataka Forest Act of 1963 (hereinafter referred to as 'the Act') defines what is market produce. According to the said sub-section the forest produce includes:- (a) the following whether found in or brought from a forest or not, that is to say:-