GH HASSAN KAPRA Vs. CONSERVATOR OF FORESTS, KASHMIR

JUDGEMENT

(1.) THIS is an application for an appropriate writ for quashing a notice issued to the petitioner by the Asstt. Commr. (Collector) intimating to him that a sum of Rs. 96,001/ - should be paid by the petitioner failing which the sum would be realized as arrears of land revenue. There is also a prayer for a writ of Mandamus restraining the respondents from realizing the amount from the petitioner.

(2.) THE petitioner contends that the Asstt. Commr. had no jurisdiction to realize the amount as arrears of land revenue because the amount in question was not summarily realizable either under the Forest Act or under the Land Revenue Act. In order to appreciate the contention raised by the petitioner it will be necessary to give a few facts.

(3.) IN response to a tender notice issued by the Conservator of Forests, Kashmir North Circle (respondent 1), regarding the sale of standing trees for the year 1965 -66 in respect of compartments Nos. 29b and 30, the petitioner submitted his tender which was ultimately accepted by the respondents and the petitioner deposited a sum of Rs. 24,220/ - on 30 -4 -65 as earnest money. Thereafter a regular contract was executed by the petitioner in favour of the Government some time in 1965. Unfortunately the original deed of agreement which has been produced before us does not bear the date on which it was signed. In pursuance of the contract the petitioner went to the forest and found that all the trees in respect of the contract were rotten, and he accordingly drew the attention of respondent 1 to this fact and prayed that his contract be deemed to be cancelled. Respondent 1 however did not accede to this prayer and reauctioned the forest to some other person. According to the allegations made by the petitioner, respondent 1 reauctioned the forest to several persons one after the other, after each one of them had refused to work. Since the petitioner did not work the forest in pursuance of the agreement entered into by him with respondent 1, the latter sought to recover a sum of Rs. 96,001/ - as penalty for the loss sustained by the Government in re -auctioning the forest. The petitioner submits that as the agreement entered into between the petitioner and the respondents was not in accordance with S. 122 of the State Constitution, therefore the respondents could not realize this amount as arrears of land revenue.