JUDGMENT

SARKARIA, J.:—This appeal on certificate is directed against a judgment of the High Court of Mysore allowing a petition filed under Article 226 of the Constitution by the respondent whereby the impugned condition attached to the assignment of kumki land made in favour of Respondent 1, was quashed.

2. The District of South Kanara was, before the re-organization of States in 1956, a part of the State of Madras. There are peculiar land tenures in that District. Wargs formed prior to Fasli year 1276 (corresponding to 1886 A. D.) are termed as Kadim Warg lands and the Government-owned waste lands within 100 yards of such Wargs, are called "kumki lands". Owners of the Warg lands enjoy certain privileges in respect of kumki lands. Such privileges include the use of kumki lands for grazing cattle, cutting and collecting leaves, timber and other forest produce for agricultural and domestic purposes of the Kumkidar. These privileges are regulated by Rules framed under Section 26 of the Madras Forest Act (hereafter referred to as the Rules). They are not alienable except with the land to which they are attached. No trees of the kind declared reserved trees (excepting of Mang