From the Judgments and orders dated the 18 4 75, 28 4 75 and 27 5 75 of the Mysore Karnataka High Court in Writ Appeal Nos.
1952/75 and Respondents in C.A. 1891/75.
1034 1039/74 and 116 to 143/75, 951 74, 922 923/74, 32/75, 1035 of 1974 and 976 to 1033/74 respectively.
1090 The Divisional Forest Officer refused permits to the respondents to cut trees and remove timber.
The companytention of the State that the Coorg Land and Revenue Regulation, 1899 was repealed and, therefore, the respondents had numberright under those Regulations to remove timber was repelled by the learned Single Judge.
If there was any difference between the 50 per cent of the actual value of timber and the amount paid on the basis of determination by the Divisional Forest officer, the Divisional Forest officer would recover the difference as mentioned in the said paragraph 59 1 .
Second the respondents claimed that, by section 75 of the Karnataka Land Revenue Act, 1964, an absolute right was companyferred on them in respect of trees on Bane lands and the Government have numberright even to demand 50 per cent of the value.
1867 1924, 1952 of 1975 and 9 to 66 of 1976.
V. Gupta In CA 1890/75 , S. S. Javali and B. P. Singh for Respondents in CAs.
As to the first category, the Division Bench in sub paragraph 1 of paragraph 59 of the judgment said that those who deposited before 15 January, 1974, 50 per cent of the value of timber as determined by the Divisional Forest officer, companyld be granted permits to cut and remove timber.
1875 to 79, 1882 83 1885, 1887 90, 1893, 1895, 1897, 1902 08, 1909, 1910, 1912, 1914, 1917, 1920, 1923 24/75 and for R. 2 in C.As.
G. Sundaraswamy, K. S. Gourishanker and K. N. Bhatt for the Appellants in C.As.
He also held that under the rules, the respondents were required to pay 50 per cent of the value of the timber to the State along with other incidental charges.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
9, 13 18, 20, 21, 39 44, 54, 56, 58, 60 63 and for Respondent No.
N. Sinha, Sol.
The Judgment of the Court was delivered by RAY, C.J. These appeals are by certificate from the judgment dated 18 April, 1975 of the High Court of Karnataka.
The respondents in the High Court asked for writ directing the Divisional Forest officer of the State to issue permits to the respondents to remove trees standing on Bane lands as particularised in the petition.
General in C.A. No.
2 in C.As 38 of 1975.
9 to 66 of 1976.
1867, 1874, 1880 81, 1884, 1889 1901, 1903 1906 07 and 1921/75 and for Respondent in Appeals Nos.
Having heard the Solicitor.
General in CA 9 K. S. Puttaswamy, Asstt.
Government Advocate, Narayan Netter and B. R. K. Achar for the Appellants in C.As.
The learned Single Judge referred to the provisions of Coorg Land and Revenue Regulation of 1899 and in particular rule 97 thereof.
1867 1924 and 1952/75 B. R. G. K. Achar.
First, the respondents claimed a vested right to redeem the trees on Bane lands on payment of 50 per cent of the value of timber under Coorg Land and Revenue Regulation of 1899 and the rules framed thereunder.
The respondents are either holders of Bane lands in the District of Coorg or holders of such lands who purchased timber standing on them from such holders.
1891 and 1952 for the appellants in C.As.
The learned Single Judge came to the companyclusion that rules companyferred a right on the holders of Bane land to redeem the trees standing on such Bane lands.
The respondents were the petitioners in the High Court.
1 in Cas 19, 22 23, 37, 43, 46, 51, 55, 59, 65 and Respondent No.
The two grounds on which the respondents challenged the order of refusal are these.
1867 1924 and Respondent in CA 1952/75 and K.S. Puttaswamy, 1st Addl.
