SALIM Vs. NAGAR PALKA, MAHMOODABQD, DISTRICT SITAPUR

JUDGEMENT

(1.) This petition arises from auction held for settling contract for collection of hides and bones of dead animals, conducted by the Nagar Palika, Mahmoodabad, district Sitapur.

(2.) The aforesaid auction was held on 24-3-90 at which the petitioner's bid of Rs. 75,000.00 was the highest. The petitioner deposited the sum of Rs. 25,000.00 at the fall of hammer. Thereafter, on 28-3-90 notice was issued to the petitioner by the Nagar Palika requiring him to submit General Stamp of the value of Rs. 5,750.00 on which the contract could be endorsed. It was pointed out in this notice that if the amount was not deposited, the petitioner will not be entitled to collect hides and bones with effect from 1-4-1990. It appears that this notice was sent by post. According to the petitioner this notice was received by him on 2-4-l90 On 10-4-1990 notice was issued to the petitioner stating therein that he had failed to deposit the General Stamp of Rs. 5,750.00 and, therefore, the contract stood nullified and the amount of Rs. 25,000.00 stood forfeited. Copy of this notice has been filed by the petitioner as Annexure-5. It is this notice which is now challenged in the present writ petition.

(3.) The impugned notice has been challenged by the petitioner on the ground that it did not fix any time for deposit of the Stamp Paper and, therefore, it cannot be said that the petitioner committed default in the compliance of the requirements of the notice. It is further stated that although it was mentioned in the notice that the petitioner will not be allowed to collect hides and bones with effect from 1-4-1 ^90, the notice was not served upon him before that date. The notice is challenged also on the ground that the forfeiture of money and cancellation of contract results in civil consequences and these consequences, which are adverse to the petitioner, have been brought about with out giving him opportunity of hearing.