MAHABIR KISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This plaintiffs appeal by special leave is from the appellate judgment of the Madhya Pradesh High Court dismissing the appeal upholding the judgment of the trial Court dismissing the plaintiffs suit on the ground of limitaiton.

(2.) A registered firm Rai Saheb Nandkishore Rai Saheb Jugalkishore (Appellants) was allotted contracts for manufacture and sale of liquor for the calendar year 1959 and for the subsequent period from 1-1-1960 to 31-3-1961 for Rs.2,56,200.00 and Rs.4,71, 960.00, respectively, by the Government of Madhya Pradesh who also charged 71/2 percent over the auction money as mahua and fuel cess. As writ petitions challenging the Government's right to charge this 71/2 per cent were pending in the Madhya Pradesh High Court, the Government announced that it would continue to charge it and the question of stopping it was under consideration of the Government whose decision would be. binding on the contractors. The firm (appellants) thus paid for the above contracts a total extra sum of Rs. 54,606.00/-.

(3.) On 17-10-1961 the Under Secretary to Government, M. P., Forest Department,' Bhopal wrote the following letter No.10 130X/ 61 (Exhibit D-23) to the Chief Conservator of Forests, Madhya Pradesh, Rewa: