GOVIND RAM SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has been called upon to meet the liability which was undertaken in pursuance of his having taken part in the auction process. Facts in brief are as under:

(2.) IN pursuance of auction notice no. MSJ/ MS -19/85 -86/2012 -2311 dated 8.1.1985 auction of minor minerals of Udhampur Tawi River was held in the office of Deputy Commissioner Udhampur on 1.3.1985. During the auction, the petitioner was declared as a successful bidder. His highest bid to the extent of Rs. 62.300/ was accepted. As per the conditions contained in the auction notice, the petitioner deposited a sum of Rs. 15575/ - i.e. one fourth of the amount. He is said to have signed an agreement also. Petitioner, however it is alleged, he did not complete the requisite formalities of entering into the contract. He is said to have exploited the minor mineral. He was called upon to meet the total liabilities. This aspect of the matter is being challenged by him in this petition.

(3.) PETITIONER submits that after depositing initial amount, he never extracted minor minerals. He further submits that as no formal agreement came to be executed, therefore, he cannot be called upon to meet the liability which he has been called upon to meet.