VONTI CHENNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has challenged the auction sale of minor forest produce in respect of Tupra leaves of Sandur Firka and minor forest produce of Hospet taluk.

(2.) Among others, the petitioner is a forest contractor for the removal of the minor forest produce in the aforesaid areas the term of which is due to expire on 30-6-1981.

(3.) For the two years period commencing from 1-7-1981, respondent-4 initiated action for the disposal of the forest produce of the aforesaid areas in accordance with the provisions of the Karnataka Forest Act, 1963 and the rules made thereunder (hereinafter referred to as 'the Act' and 'the Rules'). On 12-5-1981, the right of collecting the Tupra leaves in Sandur Firka was sold by public auction by respondent No. 4 in which, respondent-5 a sitting member of the Karnataka Legislative Assembly elected from Sandur Constituency of Bellary District, offered the highest bid of Rs. 50100 as against the second highest bid of Rs. 50,000 offered by the petitioner. So far as Hospet Taluk area, respondent-5 has offered the highest bid of Rs. 34,211 as against the second highest bid of Rs. 31,777 offered by the petitioner. Both the offers are subject to confirmation by higher authorities and they have not been confirmed so far, for which reason, 3 contract in writing has not been executed.