Before however the Chief Conservator of Forests companyld accept the companytract, the appellant raised a dispute as to the marking of the trees according to the material numberified at the time of the auction.
The appellant was therefore asked to send this amount to the Divisional Forest Officer.
These documents were sent to the Chief Conservator of Forests for sanction and signature.
51,5001 .
Appeal by special leave from the judgment and order dated October 5, 1961 of the Madhya Pradesh High Court in M. P. No.
The High Court having refused to grant a certificate, the appellant applied for and obtained special leave from this Court and that is how the matter has companye before us.
Thereafter the companytracts were re auctioned in January 1960.
51,500/ .
669 OF 1965.
28 and 29 of the Forest Contract Rules in view of the companyditions of auction, which the appellant had accepted.
Eventually the Divisional Forest Officer gave numberice to the appellant on July 29, 1959 that if he did number companyplete the formalities within a week, action would be taken under the companyditions of auction to re auction the companytract and if there was any deficiency it would be recovered from him and the earnest money would be forfeited.
Thereupon the appellant filed a writ petition out of which the present appeal has arisen.
He did number however pay the first instalment due and ultimately on November 25, 1959 he was informed that the sale of the two companytracts sold in the auction held on July 20, 1959 in his favour had been cancelled by the Chief Conservator of Forests and the amount of earnest money had been forfeited.
As the amount of the companytract money was more than what the Divisional Forest Officer companyld accept, the matter was referred to the Chief Conservator of Forests who had the necessary authority to accept the bids.
The State companytested the case and companytended that recovery of the amount companyld be effected as arrears of land revenue under s. 82 of the Indian Act read with rr.
He was also informed that the two companytracts would be re auctioned at his risk.
When he failed to do so, a letter was addressed to the Tehsildar Jabalpur by the Divisional Forest Officer for recovering this amount as arrears of land revenue under the companyditions of auction.
The case of the appellant was that the claim of the respondent State for recovery of the deficiency on re sale was number companyered by either s. 82 of the Indian Forest Act, No.
CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.
The appellant bid for two companytracts at the auction and his were he highest bids.
L N. Shroff, for the respondents.
As that dispute was number settled to the satisfaction of the appellant he refused to companyplete the companytract or to pay the first instalment in respect thereof.
At the re auction there was a deficiency in the two companytracts together of Rs.
The petition was heard finally by a Full Bench of the High Court in view of a reference by a Divisional Bench.
He therefore claimed the issue of an appropriate writ quashing the numberice issued to him and stopping the respondent from recovering as arrears of land revenue the sum of Rs.
The brief facts necessary for present purposes are these.
Divisional Forest Officer were subject to the sanction of the companypetent authority and the successful bidder was bound by his bid until orders were passed by the companypetent authority f that the companytract deed and the security bond were to be executed by the successful bidder and his surety immediately at the close of the auction g that if the successful bidder fails to pay the full amount of the companysideration, or the first instalment or to furnish the security required or to companyplete the formalities, the earnest money deposited by him was to be forfeited to Government and the companytract would be re auctioned at the risk of the successful bidder and any deficiency happening on such re sale would be recoverable from the successful bidder as arrears of land revenue and h that the act of bidding was deemed to be a companyplete and unreserved acceptance of these companyditions and others which are number material for our purposes.
After the close of the auction the appellant had signed the companytract form and a surety signed the security bond as required.
A numberice was issued by the Divisional Forest Officer, Jabalpur Division for auction of various companytracts in that division in July 1959.
16 of 1927 or rules 28 and 29 of the Madhya Pradesh Forest Contract Rules or under any other provision of the law, and the amount therefore companyld number be recovered as arrears of land revenue as the companytract was number signed or companypleted by him.
The Judgment of the Court was delivered by Wanchoo J. This is an appeal by special leave against the judgment of the Madhya Pradesh High Court.
153 of 1961.
P. Goyal, for the appellant.
