D RAMANARASIMHAM Vs. GOVT OF A P

JUDGEMENT

(1.) The petitioner is seeking a Mandamus to direct the first respondent to execute the agreement with the petitioner in terms of G. O. Ms. No.587 dt. June 22, 1976 and to supply soft wood at the rate fixed, viz., Rs. 250/- per cmt. prescribed in the said G. O. Though there is no relief sought for against the second and fourth respondents, viz. The Chief Conservator of Forests and the Andhra Pradesh Forest Development Corporation Limited in this regard, the petitioner is permitted to amend the prayer to incorporate the same and it is accordingly amended, seeking relief against the 2nd and 4th respondents also.

(2.) The facts are not in dispute. The petitioner approached the Government for supply of soft wood pieces for the purpose of manufacturing splints and veneers. The petitioner is a small scale unit. The Government, in G.O. Ms. No. 587 dt. June 22, 1976 directed the Chief Conservator of Forests (2nd respondent) to enter into an agreement with the petitioner after the agreement is drafted as per the conditions mentioned above and after it is scrutinized by the Government Pleader. Conditions Nos. 1 to 10 have been imposed thereunder. It would appear from the record that correspondence went on between the parties and ultimately the petitioner by letter dt. July 13, 1977 undertook to pay at the rates fixed by the Government for the supply of soft wood. Pursuant thereto, supply was started on Aug. 4, 1977. In the meanwhile, the Government issued Memo No. 3571 dt. Aug., 1 1977 directing the Chief Conservator of Forests to supply soft Wood to all small scale industries at market rates. This Memo was subsequently modified by Memo No. 28409 dt. Aug. 3, 1979 directing the Chief Conservator of Forests to fix the rates on the basis of the recommendations made by the Pricing Committee for Small Scale Industries constituted in G.O. Ms. No. 364 dt. May 10, 1979 pursuant to which the rates have been determined and they are being supplied to the various industries on annual basis determining the prices twice every year in the months of April and Nov. of the calendar year.

(3.) The case of the petitioner is that in terms of Cl. (3) of the G.O. 587, the petitioner is entitled to the supply of soft wood at the rate of Rs. 250/- per cmt measured at midgirth under bark, subject to revision for every three years and the Department cannot now insist upon the revision under the Memos referred to earlier. This Court, by interim order dt. Dec. 20, 1979 directed the petitioner to pay the prevailing rate at Rs. 285/- per cmt. and accordingly, it is stated, that the petitioner has been making payment thereof.