(1.) THIS petition seeks a declaration to the effect that the petitioner's application for permission to cut certain trees from their Coffee Estate is deemed to have been granted in terms of the provisions contained in Section 8 (4) (ii) of the Karnataka preservation of Trees Act. A mandamus directing the 2nd respondent to issue the release order and Mafi passes for transportation of the Timber has also been prayed for.
(2.) THE petitioners claims to be the owner of a certain Coffee Estate situate in Mira Village of Madikeri Taluk. An application seeking permission to cut certain shade trees grown in the estate is said to have been filed by the petitioners before the 2nd respondent-Tree Officer concerned under the provisions of the act aforementioned. This application, was according to the petitioners required to be considered and appropriate orders passed on the same within a period of one year from the date the same was filed failing which the application was to be deemed to have been granted. The petitioner's case in the present writ petition is that the Tree Officer concerned had neither informed them about the decision taken on the petitioner's application nor otherwise specifically granted or refused the permission applied for. According to them, the petitioners are in terms of Section 8 (4) (2) of the Act entitled to a declaration that the permission applied for has been granted.
(3.) IN the statement of objections filed on behalf of the respondents, it is stated that the 2nd respondent never received any application from the petitioners. On the contrary, the said respondent claims to have received a communication from the deputy Commissioner, dated 27th of July, 1991, a copy whereof has been produced as Annexure-B along with certain other documents including an application in Form No. 1 from the petitioner. It is urged that a deemed permission would arise only in case the application had been addressed to the competent tree Officer complete in all respects. No such application having been addressed to the Tree Officer, the question of a deemed permission does not arise.