VARANASI NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition, the nature of Revisional powers axercisable by Government under Sec. 66 of the Andhra Pradesh Forest Act I of 1967 falls for determination.

(2.) The petitioner is a Forest contractor. The Divisional Forest Officer, Paloncha, Khammam district for certain irregularities suspended the contract of the petitioner and levied penalty of Rs. 3,375/- by the order dated 3-12-1965 and, directed him to pay the same besides forfeiting the deposit under the contract. Against the said order a Revision Petition was filed on 17-12-1971 to the 1st respondent, the Government questioning the order imposing the penalty. No orders were passed and hence he filed writ petition No. 5987/75 for directing the Government not to enforce the orders of penalty imposed in respect of his contract as per the orders dated 3-12-19,65. This Court, by its judgment dated 8-6-1977 directed the Government to dispose of the revision petition as expeditiouslv as possible observing that it is unfortunate that the Governmen should keep the matter pending for six years without passing any order. With the said direction the writ petition was dismissed. However no orders were communicated by the Government to the petitioner but the immoveable property of the petitioner was attached for the realisation of the above amount and the property was brought to sale fixing the date of sale as on 28-12-1981. The above recovery proceedings were challanged by the writ petitoner in this writ petition.

(3.) The contention of the petitioner is two fold. In view of the earlier order of this Court, the Government is bound to pass orders on his petition before the recovery of the, amount and the present proceed ings are wholly without jurisdiction and the proceedings are liable to be interdicted by issuing an appropriate writ or direction till the orders are passed and communicated to the petitioner