MANOHARLAL AGARWALLA Vs. COMMISSIONER NORTH CHOTANAGPUR DIVISION

JUDGEMENT

(1.) The resort to Articles 7 and 9 of Schedule I of the Bihar and Orissa Public Demands Recovery Act, 1914 (to be referred to as the 'Act') for recovery of auction bid money for the forest coupe without "use and enjoyment" of the forest right is the bottom-line question in this writ petition.

(2.) This writ application is for quashing of Annexures-4 and 6, the appellate and revisional orders under the Act on the ground that the demand raised is not a public demand and for restoration of the order of the Certificate Officer (Annexure-3) refusing to realise the demand. FACTS

(3.) Pursuant to an auction notice for the sale of forest produce by the Forest Department, the petitioner became the highest bidder for forest coupe Lot Nos. 17 and 19, the highest bid amounts being Rs. 30,100/- and Rs. 20,100/-. In terms of the auction notice, the petitioner deposited Rs. 6,020/- and Rs. 4,020/- respectively for the above lots. The purchaser, under the terms of the auction notice (Annexme-1) was required to deposit the purchse price in one instalment within twentyone days from the date of ratification of the sale by the competent authority. Twentyone days was required to be reckoned from the date of despatch of the ratification order to the highest bidder. On failure to deposit the purchase price within the stipulated period of twentyone days, the bidder was to forfeit the security money and he shall have no claim on the forest produce purchased by him. These were the terms under Clauses 8 and 9 of the auction notice.