BALASUBRAMANYAN, J.: - The petitioner was a partner of a firm. He died subsequent and two of his sons came forward to get themselves impleaded. They submitted that in addition to being his sons they were also partners of the firm. They were impleaded. They seek to challenge the order Ext. P6 passed by the Secretary (Agriculture and Forest) Government of Kerala rejecting their claim for execution of a lease in their favour on the ground that the lease in question is one hit by the Forest (Conservation) Act, 1980, Act 69 of 1980 and since the conditions of that Act were not satisfied the Government Order Ext.P1 earlier passed, could not be complied with or implemented.

2. The firm had a lease in respect of certain lands. While in possession of those lands, the partners of the firm seem to have encroached upon adjacent forest lands. The extent encroached upon was 250.39 acres. The forest department resumed an area of 142.39 acres of land during the year 1976. The balance portion remained with the encroacher, the firm. Out of the 142.39 acres resumed by the Forest Department, it appears that an extent of 38.42 acres had been cultivated with cardamom. The firm who appears to hav