Chandrachud, J. - (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 March 18, 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 October 17, 1968 he sold certain soft-wood trees standing on his lands to appellant 2 for a sum of Rs.20,000. On September 23, 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 timber unless the timber value was paid under Rule 137 of the Mysore Forest Rules of 1969.
(3.) Aggrieved by this order the appellants filed a petition in the High Court of Mysore under Article 226 of Constitution challenging the constitutionality of Rule 137 of the Mysore Forest Rules. They contended that the Rule was violative of Article 19 (1) (f) and Article 31 of the Constitution, that it was inconsistent with the provisions of Section 75 (1) of the Mysore Land Revenue Act, 1964 and that it was beyond the rule making powers conferred by the Mysore Forest Act, 1963. By that petition the appellants prayed that a direction be given to respondent 2 to issue in favour of appellant No.2 the permit asked for.;