GYAN DAS Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner challenges the correctness, validity and propriety of Annexure -F and Annexure -F/1, the R.R.C. issued by the Additional Tahsildar (Forest) Tahsil Mauganj (Rewa) on the grounds that the R.R.C. are not based on the foundation of acceptance of the offer, cancellation of the offer non -execution of the agreement or for want of demand notice.

(2.) THE brief facts for the disposal of the present petition are that the petitioner purchased certain Tendu Leaves of the groups in an auction. According to him his offer was never accepted by the respondents as the acceptance was never communicated to him. He also submits that as the offer was never accepted he would not fall within the mischief of a 'purchase' and would not be answerable to claim made by the respondents. It is also submitted by them that according Clause -17 (a) if the petitioner fails to execute the agreement then the offer has to be cancelled and after cancellation of the offer a demand notice has to be issued to the petitioner and on non -payment of the amount by the petitioner a R.R.C. could be issued. According to the petitioner neither a cancellation order was passed nor a demand notice was ever issued therefore and in view of the judgment of this Court in the matter of Sumati Chand Vs. State of M.P. 1995 R.N. 46 R.R.C. could not be issued.

(3.) CLAUSE 17 (a) provides that the purchaser on being so appointed shall execute an agreement in the form within 15 days of the issue of an order of appointment failing which the appointment shall be liable to be cancelled and on such cancellation, the amount deposited as earnest money shall be forfeited and apart from black listing the purchaser the losses suffered by the Government in re -auction shall be recoverable and if the said losses are not paid within 15 days from the date of issue of notice of demand the same shall be recoverable from the bidder or his surety as arrears of land revenue.