SHAFIULLAH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above petition has contained more than one relief and also a number of facts but in view of the fact that the relief asked is now confined to the prayer that the respondents be debarred from proceeding to realise the sum of Rs. 1,500/- from the petitioner as arrears of land revenue, I shall state such of them only as bear on the question.

(2.) The petitioner is a forest contractor. The respondents are the State of Uttar Pradesh, the Chief Conservator of Forests, U.P., the Conser- vator of Forests, U.P., Eastern Circle and the Divisional Forest Officer, Bahraich Division. The Divisional Forest Officer sold by auction the right to remove timber from lot No. 2 in com-partment No. 21 (c) in Motipur Block in the Bahraich Division on the 21st August, 1958. The petitioner having offered the highest bid of Rs. 15,000/- the same was knocked down in his favour. In accordance with the conditions governing the sale the petitioner also deposited a- sum ot Rs. 1,500/-, being 10 per cent of the sale price as security deposit. After the sale had been knocked down and the security deposit also made, a controversy arose between him and the Forest Department about the correctness etc. of the an-nouncement describing the property sold as ac-cording to the former an incorrect description had been given, i.e. the size etc. of the trees on the spot was not in accordance with the specifi-cations. The petitioner has produced copies of the correspondence started between him and the Forest Department in this regard. It is not ne-cessary to refer to it in detail but suffice it to mention that the position taken by him was that in so far as the property offered for sale was not of the description published he was entitled to withdraw from the contract. This he did by his letter dated the 5th of September, 1958 (Annexure 3). The following quotation from it will be useful:

(3.) The amount of Rs. 1,500/- which the res-pondents are seeking to realise from the peti-tioner as arrears of land revenue is the balance of 20 per cent on payment of which the resignation was liable to be accepted after deducting the se-curity deposit initially made by the petitioner. .