E G WHITE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution the petitioners have sought for issue of a writ of mandamus directing the 3rd respondent to issue transport passes as prayed by them in their application dated 4-10-1974 to cut and transport the silver oak trees grown on their lands, bearing Sy. Nos. 7, 8/1, 8/2 and 15 of Atturnallur village and Sy. Nos. 53 and 54 of Kodagarahalli village, taluk Somwarpet.

(2.) At the outset, Shri Gowrishankar, the learned Counsel appearing for the petitioner, submitted that the petitioners be permitted to withdraw the writ petition in respect of Sy. Nos. 7, 8/1, 8/2, and 15 of Atturnallur Village and the writ petition be considered only in respect of the two lands bearing Sy. Nos. 53 and 54 of Kodagarahalli. Accordingly, the petitioners are permitted to restrict this petition only to lands Sy. Nos 53 and 54 of Kodagarahalli.

(3.) The case of the petitioners is that these two lands are alienated bane tends and as the petitioners are the owners of these lands, the trees glown on these lands belong to the petitioners and the State Government has no right whatsoever in respect of the malki of the trees. The State Government has filed two statements of objections. In the first statement of objections, tile Slate Government has admitted that Sy. No, 53 and 54 of Kodagaralli are the Paradhina Bane lands". In the 2nd statement of objections, the State Government has taken a stand that the petitioners do not have malki right over the trees grown on these two lands and therefore, they are not entitled for the grant of transport passes to cut and remove the trees from the lands in question.