CHIEF CONSERVATOR OF FOREST Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is against the judgment and order dtd. 11/1/2011 passed by the High Court of Judicature at Allahabad in Writ Petition (C) No. 55072 of 2000. The said Writ Petition in the High Court was filed by the Respondents herein challenging the notice dtd. 17/1/2000 passed by the Divisional Forest Officer, Gorakhpur forfeiting the security amount of the Respondents. For the sake of convenience, we will refer to the parties as per their instant status before this Court.

(3.) Brief facts of the matter are that the Forest Department had issued a public notice dtd. 5/3/1998 inviting registered contractors for participation in a sale auction. In pursuance of the said notice, sale auction was completed on 27/3/1998 as per prescribed procedure and the Respondents offered the highest bids in respect of the various lots. On being declared as the successful bidders, an agreement was executed between the Appellant and the Respondent on the same date with respect to the lot No. 195 (38H Nasirabad, Bankee Range). On the following day itself, a proposal was sent to the Conservator of Forests and Regional Director, Eastern Circle, Gorakhpur, U.P. by the Divisional Forest Officer for approval of the auction proceedings. The said approval was granted by the Regional Director on 14/5/1998.