J K ENTERPRISES Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this writ application, the petitioner challenges the order dt. 14-5-1993 passed by respondent No. 3, the Conservator of Forest Kanker, whereby, the petitioner has been black listed as a Contractor for a period of 3 years as also the order forfeiting the earnest Money.

(2.) According to the petitioner in pursuance of invitation of the respondents, the petitioner offered to purchase Tendu Leave of lot No. 1095 at the rate of Rs. 30/- per standard bag. It is the stand of the petitioner that he was never informed that his offer has been accepted. In fact it is the stand of the petitioner that the acceptance of offer was sent under registered cover which did not contain full address of the petitioner and consequently not delivered to him.

(3.) According to the petitioner, he made the offer on 11-1-1993 and when the did not get the acceptance till 3-3-1993 he withdrew its offer. Case of the petitioner further is that as he has withdrawn his offer even before its acceptance, the action of respondents in forfeiting the earnest money is clearly illegal and arbitrary. It has been further contended that the action of respondents in black listing the petitioner visits it with civil consequences. However, no notice or opportunity of hearing was given before passing the said order. In the aforesaid premises it has been submitted that the action of the respondents in black listing the petitioner for 3 years is in violation of well known principle of natural justice. Further stand of the petitioner is that the respondents were not put to any loss by non-acceptance of the offer by the petitioner and therefore, the earnest money cannot be forfeited.