J A DAIMET 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.

(3.) THE respondents' case is that the amount due is really the price of the forest produce sold and therefore they can take the aid of Section 82. No other alternative case is put forward. Hence we have only to see whether the claim relates to the price of the coupes sold.