RAJENDRA SINGH BHATIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application Eas been filed for quashing certain Certificate proceedings started against the petitioner by the Certificate Officer, Panchpir, Karanjia in Certificate Case Nos. 5/77, 6/77, 7/77, 9/77 and 10/77.

(2.) The petitioner alleges that he is a Forest Contractor and in pursuance of a sale notice, for sale of forest produce, he participated in the auction relating to sale of "Departmentally worked (stacked) timbers" and his bid amount being the highest, his bid was accepted, As per the General Conditions of Sale contained in Part-III of the sale notice, the contractor,

(3.) The petitioner alleges that his bid for several lots being the highest was provisionally accepted and he was called upon to deposit 10 per cent of the total sale value as security deposit. In due course orders ratifying the bid were communicated and the petitioner was called upon to pay the consideration by 15-11-1975. Thereafter the petitioner requested the Divisional Forest Officer, Karanjia, to take steps for execution of the agreement. However, no effective step was taken for execution of the agreement by the petitioner and the Government and the petitioner alleges that the Divisional Forest Officer on the contrary asked him to deposit the consideration money. The petitioner, however, was apprehensive and did not part with money without the agreement having been executed. It is said, the Divisional Forest Officer nullified the auction and put the lots of timber to re-auction. At the re-auction there was a short fall of about Rs. 51,000/-. Steps having been taken by the Divisional Forest Officer for realisation of the deficiency, the petitioner has filed this writ application to quash the Certificate cases.