PRAN NATH SURI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is plaintiff's second appeal. The facts, in so far as relevant for the purpose of this appeal, lie in a narrow compass and may be summed up briefly.

(2.) A trade Quarry was put to auction for a term of 3 years (1-4-67 to 31-3-70) whereat the plaintiff made a bid of Rs. 3,501/- per annum. The bid, being the highest, was accepted on 6-4-1967. The plaintiff did not enter into an agreement with the State, in spite of being noticed to do so. Consequently the trade quarry was put to re-auction, sometime in the month of April, 1971 whereat bid of one Shamshad Khan was accepted. Shamshad Khan too refused to take possession of the quarry and his auction was cancelled granting him refund of the amount deposited by him. The plaintiff had deposited an amount of Rs. 176/- by way of earnest and an amount of Rs. 850/- by way of first instalment. This amount of Rs. 1025/- was directed to be forfeited and proceedings were initiated for recovering an amount of Rs. 9,172/- by way of compensation for the loss claimed to have been sustained by the State Government on account of default committed by the plaintiff.

(3.) The plaintiff filed a suit claiming refund of Rs. 1025/- and praying for an injunction restraining the State Government from making the recovery. The principal ground on which the suit is founded is that the identity of the land forming part of the quarry was not ascertainable nor did officers of the Mining Department attempt at such identification by demarcation in spite of prayers having been made by the plaintiff and that is why the plaintiff was not at fault and were entitled to the reliefs prayed for. In the written statement the allegations made by the plaintiff were denied and the forfeiture of the amount deposited by the plaintiff as well as the proposed recovery, were sought to be justified.