LAWS(KAR)-2009-6-113

DEPUTY COMMISSIONER, THE DEPUTY CONSERVATOR OF FOREST AND THE STATE OF KARNATAKA REPTD. BY ITS SECRETARY, DEPARTMENT OF REVENUE Vs. K.G. VENKATESH S/O GOVINDEGOWDA, RAGHUNATH S/O. PUTTASWAMYGOWDA AND Y.S. PUTTASWAMYGOWDA S/O SUBBEGOWDA REP. BY P

Decided On June 25, 2009
Deputy Commissioner, The Deputy Conservator Of Forest And The State Of Karnataka Reptd. By Its Secretary, Department Of Revenue Appellant
V/S
K.G. Venkatesh S/O Govindegowda, Raghunath S/O. Puttaswamygowda And Y.S. Puttaswamygowda S/O Subbegowda Rep. By P Respondents

JUDGEMENT

(1.) THIS appeal is filed by the State -respondents in W.P. No. 6212/2008 being aggrieved by the order dated 16.4.2008 wherein the learned Single Judge has allowed the writ petition and remitted the matter to the respondents -appellants herein for fresh consideration of the application of the petitioners in accordance with law.

(2.) THE respondents herein filed W.P. No. 6212/2008 being aggrieved by the endorsement issued by the respondents in the writ petition wherein the application filed for permission to fell trees as sought for by the writ petitioners was rejected by the impugned order dated 15.6.2007 and endorsement dated 30.1.2008. It is contended in the writ petition that petitioners are entitled to cut the trees by seeking permission from the respondents in the writ petition and permission ought to have been granted and the application for permission to fell the trees has been wrongly rejected by holding that no permission can be granted to fell the trees situate in the private lands as the trees were not leased in favour of the petitioners.

(3.) WE have heard the learned Government Advocate appearing for the appellants.