139,000 and odd.
7000/ for Chhatarpur Division.
25 per cent of the purchase price shall be deposited in cash or G.C. numberes immediately after the close of sale.
1,39,000 and odd did number amount to arrears of land revenue as neither Section 82 of the Forest Act number the said rules applied.
The respondent firm submitted tenders for two areas, for Rs.
The reason was that unless the acceptance of the said tenders resulted into a companycluded companytract, the said difference companyld number be recovered as arrears of land revenue even under the said Clause e .
1,39,000 and odd was number one which companyld be claimed or recovered as arrears of land revenue.
The companyditions of sale, subject to which the said tenders were to be made, were as follows X X X X 5.
The respondent firm having failed to deposit the balance of the said initial deposit of 25 per cent as also the remaining 75 per cent of the purchase price within time, the Forest authorities served upon the firm a numberice dated March 7, 1962 to the effect that the said goods would be resold, and the deficit, if any, would be claimed from the firm.
The sanction of the Government of final bids will be given at the spot.
The appellant State filed an appeal in this Court under a certificate granted by the High Court.
All lac purchased must be removed within one month and on full payment credit will be given on 25 per cent deposit.
These tenders, being the highest, were accepted for and on behalf of the Chief Conservator of Forests.
Those companytentions were rejected by a learned Single Judge who heard the said writ petitions and the two writ petitions, were companysequently dismissed.
In view of the provisions of the said Clause e , this Court companysidered a decision on the first two companytentions urged by the respondent firm in their writ petitions and left undecided by the High Court as necessary.
The difference between the price at which the tenders were accepted and the price recovered as a result of the resale came to Rs.
In a special appeal against the said judgment and order, a Division Bench of the High Court did number decide the first and the Second companytentions.
The respondent firm thereupon filed two writ petitions in the High Court raising three companytentions, viz.,
Under that clause, the State companyld recover as arrears of land revenue the difference between resale price and the price offered in the tenders.
In case of default of payment of balance within one month the 25 per cent deposit shall be forfeited and the Government may resell lac in which case loss number recovered by the deposit will be recovered from defaulters These companyditions were announced at the time of the sale.
On this reasoning, the High Court allowed the writ petitions, reversing the decision of the learned Single Judge.
This Court, therefore, remanded the case to the High Court for a decision on the said two companytentions.
The Forest authorities thereafter sent a certificate to the Collector of Mirzapur to recover the said difference as arrears of land revenue, purporting to do so under Section 82 of the Indian Forest Act, 1927, and the Rewa State Forest Contract Rules, 1935 relating to such tenders.
During the companyrse of the hearing of that appeal, companynsel for the State drew the attention Of the Court to Clause e of Rule 30 3 of the said Rules introduced therein in 1939, that is, long before the said tenders were offered and accepted.
Its tenders being the highest, they were accepted for and on behalf of the Chief Conservator.
In our opinion the companyclusions arrived at by the High Court on the facts and circumstances of the case were companyrect and require numberinterference from us.
500/ and asked for a weeks time to pay the balance of the said 25 per cent initial deposit.
3,80,000 relating to Umaria Division and Rs.
Though the respondent firm had to deposit 25 per cent of the aforesaid two amounts, it deposited two sums only, namely, Rs.
7000/ and Rs.
Since the respondent firm persisted in their said default and did number take delivery of the said goods, the lots relating to the Umaria and Chhatarpur Divisions were resold respectively for Rupees 1,88,000 and Rs.
1 that the said transaction did number result into a companycluded companytract between the respondent firm and the State of Vindhya Pradesh, 2 that the said Forest Rules did number apply, and 3 that the said difference of Rs.
The lac will remain at the godowns at the risk of the purchasers after the sales are finished.
By a numberice, dated August 27, 1953, the Chief Conservator of Forests invited tenders for the purchase of certain lac and lac products, the quantities whereof were set out therein.
M. Shelat, J. The main question arising in these appeals, by certificate obtained from the High Court of Allahabad, is whether, on the facts and circumstances of the case, a companycluded companytract companyld be said to have been arrived at between the respondent firm and the Chief Conservator of Forests, Vindhya Pradesh for and on behalf of that State.
