LAXMINARAYANANA DUBEY Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) Forest produce is one of our precious National assets. In order to protect this precious asset, our Legislature made laws. The Government of Andhra Pradesh, acting under sections 29 and 68 of the Andhra Pradesh Forest Act, 1967, made the Andhra Pradesh Forest Contract (Disposal of Forests Produce) Rules, 1977 (hereinafter referred to as the Rules). These Rules govern and regulate sale of forest produce in our State. The purport of these rules is to transfer the power to sell forest produce from the executive to the legislature. These Rules give to the word 'sale', a very wide meaning so that all the types of sales may be brought within them, it reads thus : "2 (1) : 'Sale' means the sale by open auction or sealed tenders or by negotiation or a combination of these as the case may be". The intention of the above definition of the word 'sale', is to bring the disposal at forest produce, no matter by what means within the statutory regulation of these rules by denying the rather unlimited authority of the State Government to sell the forest produce in exercise of its executive power. Rules 3 and 4 of these Rules detail the method and manner of and the conditions and limitations for the disposal of the forest produce. They completely shun and eschew all secrecy in matters of sale. They read thus: "Rule 3. Sales to be conducted by Forest Officers: - (1) Notice of sale of forest produce shall be issued by a Forest Officer not below the rank of the Divisional Forest Officer. The Officer who issues notice of sale shall hereafter be called sale notice issuing authority. (ii) The sale of forest produce shall be conducted by the sale notice issuing authority or by any other forest officer authorised by him. The officer who conducts the sale shall hereafter be called the sale conducting Officer. (Hi) The sale of forest produce shall be by open auction or by sealed tenders or a combination of both the methods as the sale notice issuing authority may direct: Provided that the Government or any officer authorised by the Government may conduct any sale by negotiation. Rule 4: Publicity for Sales: - (i) For all sales of forest produce publicity shall be given by issuing sale notice well in advance of the proposed date of sale.

(2.) The State Government in this case has sold the Mudimyal grass kancha by its order dated 4th July, 1980 to one Babulal, the 5th respondent herein. The petitioner files this writ petition challenging that sale of the Mudimyal grass kancha in favour of the 5th respondent on the ground that the sale was effected contrary to the aforesaid statutory Rules.

(3.) The Divisional Forest Officer, Hyderabad, by his sale notice dated 5th June, 1980 had given public notice of his intention to sell by public auction several items of the forest produce including the aforesaid Mudimyal grass kancha. The action of the Divisional Forest Officer clearly falls under rule 3 (1). According to that sale notice, the public auction was to take place on 7th July, 1980 and 8th July, 1980. The petitioner went to the public auction on 7th July, 1980 and paid Rs. 1,000 as security on that day in fulfilment of a pre-condition for participating in the public auction and had shown his readiness to bid for Mudimyal grass kancha. But also, at the last minute, the Mudimyal grass kancha which was earlier announced by the Divisional Forest Officer as being available for the public auction through his sale notice dated 5th June, 1980 was withdrawn by the Divisional Forest Officer, Hyderabad in obedience to certain directions of his superiors received by him on that day. The petitioner, therefore despite all he did, could not participate in the auction. Later he came to know that the Mudimyal grass kancha was sold away by the Government by secret negotiations even on 4th July, 1980 and then filed this writ petition.