KISHOREMAL MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 against the judgment of the learned Single Judge of this Court dismissing the writ petition under Article 226 of the Constitution of India in limine, filed by the appellant.

(2.) THE facts leading to this appeal briefly put are there : In response to the notification, issued by the Rajasthan Forest Department, inviting bids at public auction to exploit four forest koops at Bagol, Saran, Siryari and Jozawar to sell 75,000 mds. of fire woods and 6000 mds of charcoal at prescribed rate at Raikabagh depot, Jodhpur for one year from November 1, 1950 to October 31, 1951, the appellant, who was petitioner before learned Single Judge offered himself as a prospective contractor. His last bid for Rs. 48,1554 annas was accepted on August 10, 1950. It was further stated by the appellant that he raised certain points at the time of auction on which it was agreed that the supply or yield of 75.000 mds. of fire wood and 6000 rods of charcoal from the auctioned area was guaranteed to him subject to 10% variation on either side The Conservator of Forest, Rajasthan, Kotah requested the Government of Rajasthan by his letter dated August 26, 1950 to sanction this contract in favour of the appellant. The Rajasthan Government vide its letter No. F1(221) FOR/50 dated September 14, 1950 from the Revenue Secretary, Government of Rajasthan, Kotah accorded its sanction on the conditions proposed by the Chief Conservator of Forest, Rajasthan Kotah Subsequently, however, no formal document was even drawn up between the State of Rajasthan and the appellant in respect of this contract. A dispute arose between the appellant and the Forest Department because he (appellant) did not get more than 48.736 mds of fire wood by exploiting the afore said four koops and the Forest Department did not make available to the appellant further area to exploit the remaining mounds of fire wood. Thereupon, the appellant filed a suit for damages amounting to Rs. 25,600/ - against the State of Rajasthan and this suit was dismissed by this Court by its judgment dated November 17, 1961 on the ground that no formal document was drawn up between the parties regarding the contract, as required by Article 299 of the Constitution, and as such the agreement was unenforceable in law courts.

(3.) BEING aggrieved by the aforesaid judgment, the appellant has preferred this special appeal.