K N VIDHYADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner participated in the auction held on 19-12-1975 of the right to collect the residual tree growth (fire - wood and timber) from Oil Palm Plantation Coupe No. VIII B after making the necessary earnest deposit. His bid was the highest. He also complied with the condition that a bidder whose bid was knocked down should deposit Rs. 10,000/- or one third of the bid amount by making the payment as aforesaid on 19-12-1975 itself. His bid was confirmed by the 4th respondent, Conservator of Forests, on 3-1-1976, and he was informed of that on 7-1-1976. Pursuant to the provisions governing the sale in the sale notice, the petitioner sought for extension of time for the payment of the balance amount upto 21-3-1976. According to the petitioner time was granted upto 21-3-1976 as sought for, but according to respondents time was extended only upto 20-2-1976. On 23-2-1976 there was a forest - fire in Coupe No. VIII B mentioned above and according to the petitioner, as a result thereof many trees and much of the residual growth were destroyed or damaged. Ext. P1 is the mahazar in that regard.

(2.) The petitioner participated in the auction sale as aforesaid pursuant to Ext. R1 sale notice dated 21-11-1975. On the date of auction itself Ext. R2 agreement was executed. That agreement, though says that the same has been executed by the Divisional Forest Officer (who is mentioned therein) for and on behalf of the Governor of the State of Kerala, it is expressed to be made by the Government of the State of Kerala. Under that agreement which is also executed by the petitioner herein, he undertook that he shall keep his offer firm for a minimum period of three months from the date of auction as mentioned in the Schedule attached to the said agreement, and shall not withdraw his offer. He also covenanted therein that in default of the aforesaid undertaking he agrees to have the part value remitted by him at the time of the auction forfeited to the Government, and that any loss caused to the Government by the resale of the Coupe at his risk and loss shall be recoverable from him under the provisions of the Revenue Recovery Act. Ext. R2 agreement further says that in case the petitioner fails to execute the formal agreement incorporating the terms and conditions governing the contract, the Government shall have power and authority to recover from the petitioner any loss or damage caused to Government by such resale as may be determined by the Government. It is further agreed therein that all sums found due to the Government under or by virtue of Ext. R2 agreement shall be recoverable from the petitioner and his properties under the provisions of the Revenue Recovery Act for the time being in force, as though such sums are arrears of land revenue and in such manner as the Government may deem fit.

(3.) It is the admitted case that the transaction did not proceed any further. According to the petitioner he submitted a representation dated 1-3-1976 referred to in Ext. P3 reply dated 9-3-1976 stating that on account of the forest fire he is not in a position to execute the formal contract. By Ext. P3 reply the petitioner was informed by the Divisional Forest Officer that according to the provisions contained in Ext. R2 agreement, the petitioner is bound to remit the balance dues and execute the agreement for the work. Ext. P3 further says that before the execution of the agreement in accordance with the sale notice and Ext. R2 agreement, no complaint in the matter can be entertained by his office. The petitioner appears to have submitted another representation before the Government, a copy whereof is marked herein as Ext. P4. That representation is dated 1-3-1976. By Ext. P5 communication the petitioner was informed that the request made in Ext. P4 cannot be allowed. In Ext. P4 the petitioner had requested that the auction in his favour be cancelled as he would be heavily damnified by proceeding to execute the contract by reason of the forest fire. Ext. P5 was sent in July, 1976.