SATYA NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As per the notification for auction of "Tendu Patta" for the year 1992, the petitioner gave offer of Rs. 9,18,999/- to the respondents. The tenders were opened on 5-2-92 and the petitioner also deposited earnest money of Rs. 93,000/- on 5-2-92 itself. The petitioner's offer was highest. On a day earlier to it i.e. on 4-2-92, the petitioner gave undertaking (Annex. R/3). Relevant para of which is as under :-

(2.) As per clause 586 of the Forest Manual the Tendu tree should be pollarded an coppiced during the period from 15th February to 15th March. Though the bid of the petitioner was highest and the petitioner deposited earnest money of Rs. 93,000/- his tender was not accepted or rejected for a considerable time and the crucial time from 15th February to 15th March was passing away, therefore, the petitioner sent telegram and requested the respondents to issue an order of acceptance immediately i.e. within 5 days and also made it clear that if the order is not passed then he shall not be liable to accept the offer. However, in spite of telegram no action was taken by the authority, therefore, on 9-3-92 (Annex. 1) the petitioner addressed a letter to the authority stating that if the order of acceptance and confirmation of bid is not given to him then he shall be allowed to have cultural operation at his own cost. It is further stated that if this is also not possible then his bid may be cancelled and treated as deemed to have been withdrawn and the earnest money deposited by him be returned to him. Respondent No. 3 by his letter dated 9-3-92 (Annex. 2) informed the petitioner that since he has not been appointed as purchaser, no permission for cultural operation can be given.

(3.) Under the circumstances, by a letter dated 14-3-1992 (Annex. 3) the petitioner informed the respondent No. 2 that he is withdrawing his offer made on 5-2-92 and the amount of earnest money of Rs. 93,000/- be refunded to him with 24% interest because crucial period from 15th February to 15th March was almost over. Instead of replying this letter the respondent No. 3 vide his letter dated 3-4-92 (Annex. 4) informed the petitioner that his bid was accepted and he was asked to deposit 25% security amount of Rs. 2,29,750/-, out of which he had already deposited the amount of Rs. 93,000/- by way of earnest money, therefore, remaining amount of Rs. 1,36,750/- asked to be deposited within 15 days. This letter was received by the petitioner on 7-4-1992. The same was not at all replied by the petitioner, therefore, the respondent No. 3 issued notice dated 23-4-1992 (Annex. 5) stating that if the petitioner is not prepared to work then it will be reauctioned. The same was also not replied by the petitioner.