MOHD YAQUB Vs. STATE OF U P

JUDGEMENT

(1.) This is a writ petition seeking relief of mandamus commanding the respondents to restrain from arresting the petitioner or from selling his interest in the residential house situate in mohalla Mohammad Wasil, Pilibhit. Another, relief claimed was for a writ of certiorari quashing the notice dated 10th Sept. 1974.

(2.) At an auction of lot No. 719 relating to drift timber in Banbasa Canal Forest Division, Khatema Range, Pilibhit, the petitioner was declared to be the highest bidder and the timber was sold to him for Rs. 14,000/-. The petitioner deposited Rs. 4200/-, as security. Subsequently, an agreement was executed between the petitioner and the department. Under the agreement, the last date to be worked out was 15-6-1974. Leaving out the unnecessary details, the fact appears that by letter dated 31-5-1974 the petitioner was permitted to store the timber at a safe place on the bank of river. The petitioner was, however, directed that he could be given export permit on the condition that he deposited the due instalment by 7th June, 1974 or before. The petitioner gave an undertaking that he would restore the entire material, by 7th June, 1974 and deposit the required amount of instalment due from him. After the aforesaid undertaking being given, the petitioner worked on the sight and restored timber at the bank of the river. It, however, appears that as the petitioner paid only Rs. 4200/- out of Rs. 14,000/- for which the auction was held, the proceedings for the realisation of the remaining amount were started against the petitioner. Through notice dated Sept. 10, 1974, the petitioner was informed that he was liable to pay a sum of Rs. 11623.75p. to the Government on account of the aforesaid contract and that the aforesaid amount would be realized as arrears of land revenue under Section 82 of the Indian Forest Act and under Sec. 3 of the U. P. Public Moneys (Recovery of Dues) Act, 1972. The details of the sum of Rupees 11623.75 P. which was being realised from the petitioner, are as follows:-- (1) Remaining Price of the timber Rs. 11270/- Damage for the delayed payment 3 Paisa per day 353.75 P. After having received the aforesaid notice, the present writ petition was filed in this court.

(3.) Counsel appearing for the petitioner raised two contentions before us. The first was that the amount sought to be recovered being damages, the same could not be realized as arrears of land revenue. The second was that the Forest Department having exercised the power under Section 83 of the Forest Act, it was obligatory for it to have resold the timber at the risk of the petitioner, and the remedy of the State Government was to recover the deficiency, if any, on such resale as arrears of land revenue.