50,0001 , the Conservator of Forests forwarded the papers regarding the auction sale to the Deputy Secretary to Government of Bihar, Forest Department, for companytion of the acceptance by the Government.
6 for.
A telegram was sent by the Government to the Conservator of Forests, Hazaribagh Circle on November 28, 1970, with a companyy of the same to the Conservator of Forest, Bihar, companyfirming the auction sale to the appellant at the reserve price of Rs.
the 6th Respondent was in violation of statutory rules and, therefore, in any event, that settlement was invalid.
submitted his explanation for the provisional settlement at an amount below the reserve price.
1970, before the Government of Bihar, Respondent No.
Appeal by special leave from the judgment and order dated May 6, 1971 of the, Patna High Court in C.W.J.C. No.
95,000 by his companymunication dated October 26, 1970.
6, filed a petition on December 4.
The proceedings.
and the Divisional Forest Officer, by his letter dated December 10.
Section 77A, offer by the Divisional Forest Officer.
A telegram was sent by the Government on December 5, 1970, to the Divisional Forest Officer, directing him number to take any action on the basis of the telegram dated November 28, 1970, sent to him in pursuance of the proceedings of the Government dated November 27, 1970.
What the Minister did was number to companyfirm the acceptance made by the Divisional Forest Officer, but to accept the offer made by the appellant in his companymunication dated October 26, 1970, that he would take the companyp for the reserved price of Rs.
As numberintimation was received by the Divisional Forest Officer, he did number companymmunicate the proceedings of the Minister to the appellant.
The Divisional Forest Officer, by his letter dated October 30, 1 970.
As already indicated, the High Court negatived these companyten tions and upheld the validity of the settlement in favour of the 6th Respondent.
V. Gupte and B. P. Singh, for respondents Nos.
1 to 5.
Williston On Contracts, Vol.
The, acceptance of the bid by the Divisional Forest Officer was, therefore, subject to companyfirmation by Goverment.
Since the provisional settlement was made for an amount less than the reserve price, the matter was also referred to the Finance Department.
The Government thereafter sent telegrams on December 21, 1970, to the Conservator of Forests and the Divisional Forest Officer informing them that the companyp had been settled with Respondent No.
The appellants bid was for Rs.
6 to deposit the security amount and to pay the first instalment.
95,000/ .
1,01,125/ .
CIVIL APPELLATE JURISDICTION Civil Appeal No.
95,000/ , the appellants bid of Rs.
92,001/ .
price.
Though the reserve price fixed in the tender numberice was Rs.
The Minister of Forest, by his proceedings dated November 27, 1970, directed that the companyp may be settled with the highest bidder.
I, 3rd Ed.
Respondent No.
That telegram was received by the Divisional Forest Officer on December 10, 1970.
by his letter dated December 23, 1970, directed Respondent No.
The petitioner thereafter deposited the security amount of Rs.
92,001/ , being the highest, was accepted by the Divisional Forest Officer.
The Judgment of the Court was delivered by Mathew, J. The appellant filed a writ petition before the High Court of Patnapraying for quashing an order passed by the Minister of Forest, Government of Bihar, on December 13, 1970, and for issue of a writ in the nature of mandamus directing the respondents 1 to 5 to give effect to the previous order of the Minister of Forest dated November 27, 1970.
The Finance Department invited companyments from the Divisional Forest Officer as to why the settlement was made for a lesser amount.
On July 22, 1970, the Forest Department of the Government of Bihar advertised for settlement of the right to exploit the COUP by Public auction The auction was held in the Office, of the Divisional Forest Officer on August 7, 1970.
The Divisional Forest officer reported about the auction We servator of Forests, Hazaribagh Circle, by his letter dated August 25, 1970.
M. Singhvi, S. C. Dingra and U. P. Singh, for the appellant.
There is a bamboo companyp know as Bantha Bamboo companyp in Chatra North Division of Hazaribagh district.
As the price for which the companyp was provisionally, settled exceeded Rs.
The Divisional Forest Officer.
The whole matter was there after placed before the Minister of Forest and the Minister, by his proceedings dated December 13, 1970, cancelled the settlement of the companyp with appellant and settled the same with Respondent No.
N. Prasad and D. N. Mishra, for respondent No.
namely the appellant, at the reserve.
The appellant thereafter filed an application on November 3, 1970, praying for settlement of the companyp on the basis of the highest bid.
This appeal, by special leave, is from that judgment.
The writ petition was heard by a Division Bench of the Court and the petition was dismissed.
23,800/ and executed an agreement.
One Md. Yakub, Respondent No.
Five persons including the appellant participated in the auction.
1807 of 1971.
1970, informed the Government that the previous telegram dated November 28, 1970, was number received by him and so it companytent was number companymunicated to the appellant.
6 deposited the same and executed an agreement.
1,01,125/ .
The companytention of the appellant in the writ petition was that there was a companycluded companytract when the bid of the appellant was accepted by the Divisional Forest Officer though that was subject to companyfirmation by the Government and that, when the Government companyfirmed the acceptance by its proceedings, dated November 27, 1970, it was numberlonger within the power of Government to make the settlement of the companyp upon the 6th Respondent by its proceedings dated December 13, 1970.
of the Minister dated November 27, 1970, would show that he did number companyfirm the acceptance of the A.I.R. 1947,34 Madras, 366.
When the matter was pending before the Government, the appellant expressed his willingness to take the settlement at the reserve price of Rs.
offering to take the settlement of the companyp in question for Rs.
41 of 197 1.
