ABDUL YAKUB Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is a forest contractor. On 8-9-1972 there was auction sale of Divisional Lots Nos. 63, 77 and 94. THE petitioner was the highest bidder. THE bid sheet was signed by him and he executed an agreement to be scrutinised and accepted. He made security deposits and filed sales tax clearance certificate. All that could be done on behalf of the contractor was done by him. THE bid was ratified by the Conservator of Forest, Angul Circle on 30-9-1972. THE ratification order was however, not communicated to the petitioner. Before communication the forest department authorities had known about the negligence in working of the petitioner in some other coupe. THE ratification order was therefore kept under suspension and was ultimately cancelled on 20-12-1972. THE coupes were put to auction again. THE writ application has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for issuing a writ of mandamus to direct opposite parties 3 and 4 to issue the ratification order and the work order. A counter has been filed on behalf of the opposite parties wherein facts averred in the writ application have not been disputed. THEir case, however, is that on the general condition of sale as incorporated in the notice for leasing of forest coupes it was specifically mentioned that no right would accrue to any contractor until the ratification order is communicated to the bidder and the formal agreement is executed on behalf of the Government. THE writ application is therefore stated to be not maintainable. This case was referred to a larger Bench to examine the correctness of Santosh Kumar v. State of Orissa, (AIR 1973 Orissa 217).

(2.) IN our view this case should not have been referred to a larger Bench. Nothing was urged before us to show that ILR (1973) Cut 243 : (AIR 1973 Orissa 217) was wrongly decided. That apart, the petitioner has no enforceable right and consequently the writ application was liable to be dismissed. Item No. 1 of General Condition of Sale runs thus :