OM PRAKASH, J. - (1.) The short question for consideration in this writ petition is whether or not the petitioner is liable to pay purchase price demanded from it by impugned notice dated 28-4-1979 (Annexure- "4" to the writ petition).
(2.) Facts are that the petitioner made a highest bid of Rs. 2,70,500.00 on 27-8-1976 for lot No.18/76-77 West Pinder Range, Compartment, No. 8, Pherkot, Badrinath Forest Division, which was accepted. On the same day the petitioner deposited security to the tune of Rs. 27,100/- equal to 10% (ten per cent) of the auction price with respondent No. 3. An agreement to sell was executed on 27-8-1976 between the petitioner and respondent No. 3 subject to terms and conditions, which are in a brochure filed at the time of hearing of the petition and which has been relied on by both the parties. The said auction was approved by the Conservator of Forest, Garhwal Circle, Pauri, within the stipulated time and that was duly communicated to the petitioner by respondent No. 3 by letter dated 14-9-1976. After approval of the auction, the petitioner deposited additional security in the sum of Rs. 35,165.00 i.e. 13% of the purchase price, to be adjusted towards sales tax when it became payable.
(3.) The petitioner was required to complete the work under the contract in the forest by 31-12-1977 and it commenced the work of felling trees on 16-1-1977. All the trees were felled, sawn and timber was collected at a central point for aerial transportations. It is averred in paragraph 7 of the writ petition that the petitioner had taken all possible precaution to prevent the timber from being destroyed by fire, for which purpose inflammable material was removed up to 1 (sic) feet around the collection point and that watchmen for keeping vigil throughout day night and were employed.;