LAWS(GAU)-2011-3-118

FORTUNA AGRO PLANTATIONS LTD , AMIT BHAWSINGKA S/O RAJKUMAR BHAWSINGKA, MANAGER (ADMN ) Vs. STATE OF TRIPURA, SECRETARY TO GOVERNMENT OF TRIPURA, FOREST DEPARTMENT

Decided On March 18, 2011
Fortuna Agro Plantations Ltd , Amit Bhawsingka S/O Rajkumar Bhawsingka, Manager (Admn ) Appellant
V/S
State Of Tripura, Secretary To Government Of Tripura, Forest Department Respondents

JUDGEMENT

(1.) ANNULMENT of the decision for forfeiture of the amount of Rs. 2.5 lakhs deposited by the Petitioner herein, on demand, for the disposal of sawn timber as well as Rs. 5,000/ - made by way of security deposit, in connection therewith is the relief, which the Petitioner seeks by invoking the writ jurisdiction of this Court.

(2.) I have heard Mr. D K Biswas, learned senior counsel for the Petitioner and Mr. T D Majumder, learned Counsel for the state Respondents.

(3.) THE Petitioner has averred that in response to the Notice Inviting Tender (herein after in short NIT), dated 26.11.2004, floated by the Divisional Forest Officer (herein after in short DFO), Udaipur Forest Division, South Tripura inviting sealed offers from various Forest Trade License holders of the Forest Department of the State for disposal of about 1287 Cum round and 682 Cum sawn timber at the places mentioned therein, it submitted its offers. The NIT inter alia mentioned that the earnest money would be of Rs. 5,000/ - and the sale price valuation of the timber lots would have to be deposited by the successful tenderer within 7(seven) days of the work order and that all sold timber lots would have to be removed at the cost of the successful tenderer from the respective depots.