CHAO KHAN Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) Chao Khan has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari praying for quashing order (Annexure P. 1) dated 11th March, 1974, passed by the Sub-Divisional Magistrate, Ferozepur Jhirka, under Section 52 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (for short 'the Act').

(2.) The facts of the case lie in a narrow compass. The Panchayat Samiti Block, Ferozepur Jhirka auctioned the rights for collecting bones and hides from the areas falling within its jurisdiction for the year 1968-69. The petitioner gave the highest bid of Rs. 23,200/- and given the right to collect hides and bones.

(3.) The petitioner deposited the first instalment of Rs. 6,000/- and thereafter, another sum of Rs. 5,200/-. The petitioner approached the Executive officer of the Panchayat Samiti for giving him authority to collect hides and bones, but it was not done with the result that the petitioner refused to deposit the balance of the amount unless he was given such an authority for the collection of hides and bones. The petitioner received a letter from the Executive Officer of the Panchayat Samiti intimating him that as he had failed to deposit the amount due from him, he was not authorised to collect bones and hides. The result was that the contract between the Panchayat Samiti and the petitioner was terminated and the petitioner was no more liable to pay anything to the Samiti. The Executive Officer of the Panchayat Samiti declined to return the money paid by the petitioner.