( 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.

( 4 ) FOR the purpose of deciding this question, it is necessary to notice the contentions of the petitioners as stated in the writ petition itself. The petitioners have specifically averred in the writ petition that the lands in question are assessed to land revenue and are the private properties of the petitioners 1 to 3 ; that the silver oak trees standing or the lands in question are riot indigenous species and they are of European origin and the ancestors of the petitioners imported these trees from European countries arid planted them in the lands in question ; that these species of trees are riot found as spontaneous growth in any of the Indian forests and that the application dated 4-10-1974 made by them was only for the purpose of cutting and transporting the trees standing on the lands in question as required under Rule 146 of the Karnataka Forest Rules, 1969 (hereinafter referred to as ' the Rules and the 3rd respondent ought to have issued passes for transport and removal of forest produce under 145 (3) of the Rules; that the authorities have misconceived the application made by the petitioners.

( 5 ) IN the first statement of objections dated 6-1-1976, filed on behalf of the respondents, in para 2 of the same it has been admitted that the lands in question i. e, Sy. Nos 53 and 54 of Kodagarahalli have been assessed for land revenue and the same are Paradhina Bane lands (alienated bane lands) and the same are in the possession of the petitioners, the averments df the petitioners that the silver oak trees standing on the lands in question were imported from the European countries and were planted by their ancestors and that the said trees are not of spontaneous growth have not been denied by the respondents. In the statement of objections, the stand taken by the State Government is that the trees do not belong to the petitioners and as such, they cannot be permitted to cut and remove them and the right still vests with the State Government.

( 6 ) THE petitioners have produced a certified extract of the Jamabandi of wet and dry Coffee etc of Kodagarahalli village for the year 1975 in respect of the two lands in question. It has been specifically stated in the said extract of jamabandi that the lands in question are the Paradheena Bane Land (alienated bane lands) from the year 1882-83. The correctne

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