SYED HYDER SAHEB Vs. DISTRICT COLLECTOR KURNOOL

JUDGEMENT

(1.) This appeal is by the plaintiff against the dismissal of the suit O.S. No. 67 of 1990 under the impugned judgment of the lower appellate Court in A.S. No. 19 of 1992 dated 09.09.1993.

(2.) The parties are referred to as they are arrayed in the suit. The facts, in brief, are as follows.

(3.) The plaintiff had obtained the licence for collecting Tooki leaves (Beedi leaves) from the defendants for the period 1987-1999 under an auction conducted by the defendants on 26.11.1986. Under the said auction conducted by the defendants the licence to cut, collect and remove tooki leaves from the reserved and unreserved forest in Kurnool range was awarded to the plaintiff, who was found to be the highest bidder offering Rs. 5,00,000/-. The plaintiff had paid Rs. 10,000/- at the time of auction towards earnest money and the balance amount was payable in 9 instalments, which the plaintiff had paid and having satisfied the terms and conditions of the auction, the said licence was awarded to him. While the Kurnool forest range covers an area of about 150 villages, the tooki leaves are found critically in about 32 villages as specified in the plaint schedule and that is the prime area for collecting the leaves. The plaintiff claimed that as per practice the Divisional Forest Officer - third defendant grants permission to the licencee to establish the collection depots, which are called Kallas at each of the villages and accordingly, the plaintiff was permitted to open such depots by proceedings of the second defendant dated 26.01.1987 in the 32 villages shown in the schedule for the aforesaid period 1987-89. However, the forest officers did not permit opening of depots at 4 villages viz. Mandlem, Paramanchala, Moorvakonda and Alaganur in Atmakur division whereupon the plaintiff made a representation complaining of the said illegal action. However, the second defendant issued an order being Rc. No. 14335/86-M4 dated 02.04.1987 informing the plaintiff that he cannot open the depots in the said 4 villages, as the said villages do not fall in the jurisdiction of Kurnool range, as per G.O.Ms. No. 94 F & RD (FOR.III) dated 22.02.1983. Further, based upon the said communication of the second defendant, the third defendant also issued a communication dated 07.04.1987 prohibiting opening of Kallas/depots in the said 4 villages.