K NARASIMHA RAO Vs. CONSERVATOR OF FORESTS

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Government Pleader for Forests.

(2.) THE petitioner questions the proceedings bearing Rc. No. 3846/93/s3, dated 21-2-1994 of the 2nd respondent herein i. e. , the Divisional Forest Officer, Khammam, cancelling the sale of Cashew usufructs for 1994 season of 1964 Rajerla plantation which was confirmed for Rs. 31,700/- in favour of the petitioner on the ground that he violated sale condition No. 13 (ii), and forfeiting the amount paid towards 1/4th sale amount. In the said proceedings, it is also stated that the 1st respondent herein i. e. , the Conservator of Forests, Khammam also ordered to cancel the said sale in his Rc. No. 112/94/m4, dated 7-2-1994.

(3.) IT is not in dispute that the petitioner is the highest bidder and has paid 1 /4th of the sale amount i. e. , Rs. 8,000/- on the day when the open auction was conducted i. e. , on 6-1-1994. The said sale was confirmed in the proceedings of the 2nd respondent bearing Rc. No. 3846/s3/93, dated 7-1-1994. It is not in dispute that the said order of confirmation was communicated to the 3rd respondent herein on 8-1-1994 and the same was received by the petitioner through the 3rd respondent on the same day i. e. , on 8-1-1994. It is stated therein that the sale of the said forest produce was confirmed in the name of the petitioner for Rs. 31,700/- and that the petitioner paid Rs. 8,000/- and that the contract period was upto 30-6-1994. It is also stated therein that the petitioner paid Rs. 8,000/- and that "the balance amount is payable within 10 days of issue of this order" and that "he should furnish security deposit of 1/4th of sale i. e. , Rs. 2,000/- in favour of the Divisional Forest Officer, Khammam in the shape of Term Deposit/bank Guarantee and also execute the Forest Contract Agreement (Rule No. 29) as per sale condition".