MOHAMMED ALI Vs. CHIEF CONSERVATOR OF FORESTS

JUDGEMENT

(1.) THIS writ petition is a typical forest-contractor's motion resisting recovery of loss sustained by the Government when, consequent on his default, a re-auction is held resulting in the reduction of the bid amount originally offered by the petitioner.

(2.) THAT he had been carrying on the business as a dealer in timber and firewood, is admitted by him. According to the Government, he was a regular forest contractor and therefore aware of all movements regarding the auctions in relation to the forest produce in the area.

(3.) IN the light of the default on the part of the petitioner, steps were taken for the re-auction. It was notified as to be held on 19-1-1983. The notification was published in the Kerala Gazette dated 28-12-1982. Three newspapers, two in Malayalam and one in Tamil, Desabhimani, Pradeepam and Dinamalar, published the notification on 9-1-1983 , 12-1-1983 and 11-1-1983 respectively. The petitioner was also intimated personally by a letter dated 13-1-1983. The post an acknowledgment of that notice bear the date 21-1-1983. The petitioner did not remit any amount even then.