LAXMINARAYANA DUBEY Vs. DIVL FOREST OFFICER HYDERABAD

JUDGEMENT

(1.) 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 Sees. 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.) The State Government in this case has sold the Mudimyal grass kencha by its order dated 4-7-80 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 5-6-80 had given public notice of his intention to sell by public auction several items of the forest produce including the aforesaid Mudimal grass kancha. The action of the Divisional Forest Officer clearly falls under Rule 3(1). According to that sale notice, the public sue ion was to take place on 7-7-80 and 8-7-80. The petitioner went to the public auction on 7-7-80 and paid Rs.1,000/- as security on that day in fulfilment of a pre-condition for participating in the puolic auction and had shown his readiness to bid fot Mudimyal grass kancha. But alas, at the last minute, the Mudimal grass kancha which was earlier announced by the Divisional Forest Officer as being available for the public auction though notice dated 5- 6-83 was with drawn by the Divisional Forest Of:icer Hyderabad in obedience to certain directions of his superiors received by him on that day. The petitioner, therefore despite ail he did, could not participate in the auction. Later he came to know that She Mudimyal grass karcha was sold away by the Government by secret negotiations even on 4-7-80 and then filed this writ petition.