M.H.BEG, A.N.RAY, JASWANT SINGH
State of Karnataka – Appellant
Versus
Elizabeth Mayne – Respondent
JUDGMENT
RAY, C. J.:— These appeals are by certificate from the judgment dated 18 April, 1975 of the High Court of Karnataka.
2. The respondents were the petitioners in the High Court. 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.
3. 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.
4. The Divisional Forest Officer refused permits to the respondents to cut trees and remove timber. The two grounds on which the respondents challenged the order of refusal are these: 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. Second, the respondents claimed that, by Section 75 of the Karnataka Land Revenue Act, 1964, an absolute right was conferred on them in respect of trees on bane lands and the Government have no right even to demand 50 per cent of the value.
5. The learne
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