J A DALMET Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution the petitioner prays that this Court may be pleased to issue a writ of certiorari quashing the notice dated 18-2-1963 issued by the Divisional Forest Officer, Dharwar.

(2.) The facts relevant for our present purpose are as follows : The petitioner is a Forest Contractor. The Divisional Forest Officer, Dharwar invited tenders for sale of forest coupes specified in the tender notice dated 5-6-1962. The petitioner was one of the tenderers and his tender was accepted in respect of some coupes. One of the terms stipulated in the tender notice is that 25 per cent of the price should be deposited by the successful tendered within 30 days from the date of intimation of the acceptance of the tender or before the signing of the contract and the balance amount should be paid in three installments as set out in the letter of Divisional Forest Officer, Dharwar dated 26-7-1962. The petitioner was also required to deposit the security amount as mentioned in that letter. The petitioner deposited the security amount, but, failed to deposit the 25 percent of the price. Therefore, his tender was cancelled and the coupe re-sold. It is said that as a result of that re-sale the Government suffered a loss of Rs. 22,358/-. The petitioner was asked as per the letter of the Divisional Forest Officer dated 18-2-63 to pay up this loss within seven days from the date of the receipt of that letter. He was informed that if the said amount is not paid within the time fixed, steps will be taken to realise the same as if it were an arrear of land revenue. We are informed that papers have now been sent to the Revenue Department for realising the amount in question as if it were an arrear of land revenue.

(3.) In the counter affidavit, filed on behalf of the respondents it is asserted that Section 82 of the Indian Forest Act empowers the State to collect the arrears in question as if it were an arrear of land revenue. The question for decision is whether the State can legally collect the amount in question 'as if it were an arrear of land revenue'? Section 82 reads: