BALA DAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, for the issue of writs in the nature of certiorari, mandamus and prohibition quashing the entire proceedings started by the respondents for the realization of Rs. 7000/ and restraining respondents Nos. 2 to 4 from proceeding further, with the realisation of the said amount. The respondents to the petition are (1) Union of India, (2) Chief Conservator of Forests, Himachal Pradesh, (3) Collector, Mahasu District, Kasumpti and (4) Conservator of Forests, Simla Circle.

(2.) THE facts leading to the filing of the present petition are as below:

(3.) THE petition has been opposed by the respondents. It has been denied that a large number of trees of lot No. 4 were uprooted and rotten. The report submitted by the Block Officer, except in so far as it related to 27 Ban trees, is stated to be not factually correct. The respondents have expressed their willingness, to replace the 27 Ban trees. It has further been pleaded that in accordance with Clause 20 of the conditions of sale, it would be presumed that the bidder had inspected the trees marked for sale, and that the petitioner, who resided at a distance of about 2 or 3 miles from lot No. 4 must have inspected the lot before bidding at the auction sale. He was thus bound to deposit the security money and to execute the agreement, as required by the conditions of sale, and on his failure to do so, the respondents had the right to forfeit the earnest money, resell the lot and realise from him the loss which may accrue to them, as a result of resale. An effort was made to resell at auction the lot No. 4 on 26 8 58, but no one came forward to bid, and according to the respondents the loss sustained by them was to the tune of Rs. 7000/ , the difference between the price fetched at the first auction and the nil price fetched at the second auction, and that sum they were entitled to realize as arrears of land revenue.