LAWS(KAR)-2006-3-34

P K ABDUL ZALEEL Vs. STATE OF KARNATAKA

Decided On March 20, 2006
P.K. ABDUL ZALEEL Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) IN this writ Petition, the petitioner has challenged the order dated 19. 9. 2002 (Annexure-G)passed by the Tree officer and the Deputy Conservator of Forests, Madikeri ordering for recovery of a sum of Rs. 1,64,306/- from the petitioner on the ground that the Government had incurred the aforesaid loss as a result of the petitioner failing to get the unauthorisedly felled trees released as per the order dated 5. 10. 1994 passed by this Court in W. P. No. 19118/94 which is produced as Annexure B.

(2.) I have heard the learned Counsel appearing for the parties and perused the impugned order-Annexure-G.

(3.) FACTS in brief: One K. Krishna Bhat had been granted permission to cut certain trees. On the allegation that he had cut certain trees unauthorisedly, proceedings were initiated in three cases in respect of 69 trees, 67 trees and 4 trees and the said Krishna Bhat offering to compound the offences arising there from, the respondents levied a composition fee of Rs. 5,000/-, Rs. 5,000/-and Rs. 500/- respectively. He sought for release of the said unauthorisedly cut trees in his land. Since permission was refused, he approached this Court and this Court in the aforesaid writ petition had ordered for release of the felled trees as per law. But he did not get the trees released by paying its value as per Section 21 of the Karnataka Preservation of Trees Act, 1976 (the Act' ). Subsequently, the Tree officer has passed the order impugned herein for recovery of rs. 1,64,306/- against the petitioner who is the power of attorney holder of the aforesaid Krishna bhat, Hence, this petition.