SAFUR ALI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The notice inviting tender for sale of Khareghat Sand-cum-Gravel Mahal No. 1 was issued on 29. 6. 87. The period for settlement was from 15.7.87 to 14.7.89. As many as six persons submitted tender and the offer of the petitioner amounting to Rs. 10,65,001.00 was highest. Though the offer of respondent No. 1 amounting to Rs. 9,27,707.00 was third highest, the mahal was Settled with him at the above rate offered by the present petitioner. The appeal filed by the present petitioner before the State Government was rejected. Hence the present petition.

(2.) Though the petition has been opposed by the State Government no affidavit-in-opposition has been filed. But all the relevant records have been placed before this Court.

(3.) The first contention of Mr. Choudhury is that the settlement order is bad in law as both under the tender notice and also under the relevant Rules the settling authority was the Chief Conservator of Forest as the value of the mahal was more than one lakh but the final settlement order was passed by the State Government. In this connection Mr. Choudhury has drawn our attention to law laid down by the Apex Court in the following decisions:-