KUMUD CHANDRA DAS Vs. DIVISIONAL FOREST OFFICER AND ORS.

JUDGEMENT

(1.) THIS is an application for an appropriate writ or writs under Article 226 of the Constitution of India.

(2.) THE case for the petitioner is that tenders were invited by the Divisional Forest Officer, Goalpara East Division, Kokrajhar, for settlement of a Khoir Mahal known as Kanamakara Khoir Mahal for the year 1960 -61 within the jurisdiction of the Goalpara East Division fixing the last date of submission of tenders as 26th August 1960. The petitioner in response to the Government notification filed a tender for settlement and offered a sum of Rs. 17,777/ -, as royalty, and, Opposite Party No. 3, who is the present settlement -holder, offered Rs. 23,241/ - as royalty, and the highest bid given by a third party was Rs. 30,050/ -.

(3.) NEXT we come to the other contention, namely, as to whether the aggrieved party had the right to be heard. In a recent decision of this Court, namely in Civil Rule Nos. 13 and 14 of 1961, Abani Kanta Guha v. State of Assam, disposed of on 22nd March, 1961, it has been held by a Division Bench of this Court, under similar Circumstances, that the Government was not obliged to give the party a hearing and that there was neither any violation of the principles of natural justice as contended.