JUGAL CHANDRA CHETIA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution wherein the petitioner prays for a Writ or order directing the Respondents to settle a forest coupe with the petitioners and not to give effect to the impugned orders of the State of Assam to operate the coupe departmentally.

(2.) THE intrinsic facts necessary to decide the case are set out: A short -term Sale Notice was issued by the Divisional Forest Officer, Doom Dooma, (DFO, for short) inviting Tenders for settlement of several forest coupes including R. F. P. W. Coupe No. 10 of 1980 -81. The last date of receiving tender was 10 -4 -1981. The petitioner's offer was the highest. There was another tenderer hut he submitted a lower rate. It is beyond any doubt that under the Assam Settlement of Forest Coupes and Mahals by Tender system Rules, 1977 - - "the Rules" for short, the competent authority is bound to consider the tenders and settle the coupe in accordance with the provisions of "the Rules". Of course the Government or other competent authority can withdraw the coupe or mahal "from the settlement". The power to withdraw a coupe from settlement is an express condition of all Sale Notices. The condition reads as under:

(3.) HOWEVER , the Respondents claim that they have the statutory right to withdraw any coupe or mahal from sale under Rule 20 of "the Rules" and the State has exercised the right. The relevant extract of Rule 20 is set forth below :