JAGANATH RAI Vs. KARNATAKA CASHEW

JUDGEMENT

(1.) WRIT petitioner, it appears, had participated in a tender mooted by the first respondent-Karnataka cashew development corporation inviting bids from interested persons to get harvesting rights of cashew crop in the cashew gardens developed by the corporation. Petitioner was one such bidder and who, it appears, offered the highest bid amount in respect of dept No 13 of Survey Mundur cashew plantation for the year 1987-88.

(2.) IT transpires that the petitioner did not deposit the amount, where upon the corporation had taken steps for re-auction of the same and one of the conditions being that such re-auction being at the risk and cost of the person who had bid and who had failed to pay the amount, such bidder should pay the difference amount. In the present case, on re-auction the difference amount was quantified at Rs 19,005/- and petitioner was directed to pay the same on this account and it is the notice for recovery of this amount by way of recovery notice dated 24-8-2010 [copy at Annexure-A to the writ petition] treating the petitioner as a person in arrears of amount to the corporation and it is questioning this notice and seeking for quashing the same, the present writ petition.

(3.) IT is also urged that the petitioner is liable to pay the amount, as he failed to deposit the amount offered by him though he had participated in the auction and offered highest bid amount of Rs 1,81,000/-.