SURESH CHANDRA GIRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The short point that falls for consideration in this case is the computation of the period of limitation for preferring an appeal under R.9(1)(b) of the Assam Sale of Forest Produce, Coupes and Mahal Rules, 1977, for short "the Rules".

(2.) The petitioner preferred an appeal against the order of acceptance of tender by the Conservator of Forest to the Governor under R.9(1)(b) of "the Rules". The order of settlement was made on 8-7-1983 and the appeal was preferred on 3-8-1983, admittedly after 26 days of the making of the provisional order of settlement. The appellate authority dismissed the appeal in limine on the ground that it was barred by limitation. According to the appellate authority the period of limitation is 15 days which commences from the date of communication of the order of acceptance of the tender by the Conservator of Forest. The appellate authority held that the order of acceptance of the tender was communicated to the successful candidate on 8-7-1983, the period of limitation commenced from that date and expired after 15 days, so the appeal presented on 3-8-1983 was barred by limitation.

(3.) We are, therefore, to consider when time commences to run against "an unsuccessful tenderer" for preferring such an appeal. We extract the provisions of R.9(1)(b) of "the Rules". "9. Appeal and review : (1) Appeal shall lie within 15 days from the date of communication of the order of acceptance of the tender by the Divisional Forest Officer as follows : - (a) x x x x x x x x x x x (b) Against the order of acceptance of tender by the Conservator of Forests and the C.C.F. to the Governor whose order in the appeal shall be final." - (Emphasis supplied)