GIRDHARILAL KESHARWANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this writ petition, filed under Articles 226 and 227 of the Constitution of India, prayer of the petitioner is to quash the revenue recovery certificate (Annexure B) whereby the petitioner was asked to deposit a sum of Rs. 34,221/- failing which, he was threatened that the aforesaid amount shall be recovered as arrears of land revenue.

(2.) Shorn of unnecessary details, facts giving rise to the present writ petition are that a notice inviting tender for disposal of tendu leaves for the year 1979 was published on 27-12-1978 in the M.P. Gazette (Extra-Ordinary). Petitioner submitted his offer. It is the stand of the petitioner that although the tenders were opened on 20th January, 1979, but he was not communicated about its acceptance. Accordingly, the stand of the petitioner is that in the absence of any material to prove that the offer of the petitioner was accepted, he cannot be asked to make payment of the loss which the respondents suffered on account of subsequent disposal. Further stand of the petitioner is that the amount cannot be recovered as arrears of land revenue.

(3.) Stand of the respondents however is that acceptance of the offer of the petitioner was communicated by registered cover and he declined to accept the same and as such the letter accepting the offer of the petitioner shall be deemed to have been served. Further stand of the respondents is that in view of Clause 11 of the notice inviting tender read with the agreement dated 20th January, 1979, i.e. Tendu Patta Tenderers Agreement, respondents can realise the amount as arrears of land revenue.