Judgment

CHANDRACHUD

( 1 ) THESE are two cross-appeals by certificate granted by the High Court of Mysore under Article 133 (1) (b) of the Constitution and they arise out of its judgment dated 18/03/1971 in Writ Petition 6394 of 1969. Civil Appeal 1000 of 1972 is filed by two persons called M. M. Thammaiah and B. M. Kariappa (herein called the appellants), against the State of Mysore and the Divisional Forest Officer, South Coorg Division, Hunsur, Mysore (herein caled the respondents ). Civil Appeal 1721 of 1971 is filed by the State of Mysore and the Divisional Forest Officer.

( 2 ) APPELLANT No. 1, M. M. Thammaiah claims to be the holder of immovable properties consisting partly of "bane lands", situate of Nemmale in the district of Coorg. On 17/10/1968 he sold certain soft-wood trees standing on his lands to appellant 2 for a sum of Rs. 20,000. On 23/09/1969 he made an application to respondent 2, the Divisional Forest Officer, for the issue of a permit in the name of appellant No. 2 allowing him to cut and remove the timber. Respondent 2 informed appellant No. 1 that the Bane lands held by him were not redeemed and that no permission could be granted for cutting and removing the