GOURI SHANKAR DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition seeking following directions:

(2.) FACTS , in short, relevant for the decision of this case are as under:

(3.) THE petitioner deposited Rs. 6,63,890/ - towards first instalment on 31.10.1991. The respondents issued release order on 27.11.1991 for 629 standard bags by Annexure E. The petitioner was delivered 202.850 standard bags out of 629 standard bags. The details of which are stated in Annexure F. The contention of the petitioner is that inspite of his request for the delivery of the remaining quantity of the bags of 1st instalment, the respondents did not deliver the same to the petitioner. As the remaining quantity was not delivered to the petitioner, the petitioner could not deposit 2nd instalment and further instalments and because of the default on 17.2.1992, the agreement of the petitioner was terminated by the Conservator of Forest, Seoni. As per the termination order Annexure H, the default was for the deposit of 2nd instalment by the petitioner. On 10.3.1992, the petitioner was informed telegraphically about the reauction of the balance tendu leaves of lot No. 1860 scheduled for 25.3.1992. Petitioner though protested, but the remaining tendu leaves were reauctioned in favour of M/s Sahu Brothers, Narsinghpur at the rate of Rs. 675/ - per standard bag. The purchaser deposited part amount of his offer Rs. 4,68,438.02. Thereafter he could not deposit the auctioned amount and the tendu leaves were again reauctioned at the rate of Rs. 370/ - per standard bag. As the respondents suffered loss, a notice raising a demand of Rs. 4,34,015.32 was issued against petitioner on 11.3.1993 (Annexure J). The petitioner protested to the aforesaid demand on the ground that the petitioner was not delivered the first lot as he deposited first instalment amount. A reply is on record Annexure K dated 28.4.1993. The respondents did not satisfy with the reply and issued Revenue Recovery Certificate against the petitioner which was caused the petitioner to file the present petition.