S.K.MAL LODHA, J. - (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. One of the questions raised in the suit was regarding the refund of security money amounting to Rs. 1000/ - for which the learned Government Advocate stated that this amount would be adjusted towards the 'theka money' The case of the appellant, further, is that out of the 'theka money' of Rs. 48,155/ -, a sum of Rs. 6000/ - is alleged to be outstanding against him. As such, the Divisional Forest Officer, Jodhpur sent a certificate under the Rajasthan Land Revenue Act, 1956 for recovery of this amount to the Collector, Jodhpur and a copy of the Same was forwarded to the Collector, Kotah requesting him that this amount along with interest be recovered from the appellant, who was working in the Marshall and Co., Station Road, Kotah. The Collector, Kotah started recovery proceedings and the Tehsildar, Ladpura Kotah, served the appellant with a notice to deposit Rs. 12,000/ - failing which the amount was to be recovered by attachment and auction of the appellant's property. The copies of the recovery certificate (Ex. 3) and letter from the Divisional Forest Officer to the Collector, Jodhpur endorsed to the Collector, Kotah dated October 21, 1964 (Ex. 4) and the notices (Ex. 5 and Ex. 6) were submitted with the writ petition. A certified copy of the order -sheet (Ex. 7) dated May 6, 1969 of the Court of Additional Tehsildar, Ladpura was also submitted. It was prayed by the appellant in the writ petition under Article 226 of the Constitution of India, that writ of mandamus, certiorari or prohibitio or any one or more of them or any other appropriate writ, order or direction quashing the recovery proceedings of Rs. 12000/ - started on the basis of recovery certificate of the Divisional Forest Officer, Jodhpur be issued and the State of Rajasthan, Collector Kotah, Divisional Forest Officer, Jodhpur and the Tehsildar Ladpura, Kotah be prohibited from recovering any amount from the petitioner (appellant) in connection with the recovery certificate This writ petition was filed on September 2, 1970. It came up for admission on September 18, 1970 before the learned Single Judge. The learned Single Judge was of the opinion that certain questions of fact were required to be determined before granting relief to the petitioner (appellant), the agreement entered into between the State and the petitioner (appellant) did not acquire the status of a contract under Article 299 of the Constitution of India, but the State Government can still claim that the petitioner had taken advantage of the agreement and, therefore, it can make a demand from the petitioner about the amount sought to be realised from him. According to the learned Single Judge, this, by itself is a question of fact which cannot be agitated before this Court in the extraordinary jurisdiction. In this view of the matter, he held the writ petition to be misconceived and, therefore, dismissed it summarily.
(3.) BEING aggrieved by the aforesaid judgment, the appellant has preferred this special appeal.;