HARI SINGH Vs. DIVISIONAL FOREST OFFICER, CACHAR DIVISION AND ORS.

JUDGEMENT

(1.) IN pursuance of a sale notice dated the 20th August 1963 issued by the Divisional Forest Officer, Cachar inviting tenders for the sale of Cane Mahal No. 3 of Cachar Division under Lakhipur Range for the years 1963 -66, the Petitioner along with others submitted his tender on the 16th September 1963. The Petitioner offered an amount of Rs. 6.543.00 nP. and the Respondent No. 4 Safique Uddin Ahmed offered a sum of Rs. 6,667.67 nP The Divisional Forest Officer by his letter dated the 5th October 1963 inquired from the Petitioner whether the Petitioner was agreeable to raise his offer to the extent of the higher tendered amount of Rs. 6,667.67 nP to which the Petitioner replied that he was agree able to raise his offer He also invited the attention of the Divisional Forest Officer to the provisions in the sale notice that as belonging to the backward community he was entitled to certain preferential treatment.

(2.) THE order of the Conservator of Forests reads as follows:

(3.) MAINLY two objections have been taken by the opposite party Firstly it is urged that when the Petitioner applied under the sale notice under the terms of the said sale notice the tenderer has no right to get settlement and thus by refusal to settle the Mahal with the Petitioner no right of his has been infringed, which he could enforce by means of a petition under Article 226 of the Constitution. Secondly it is urged that in hearing the appeal the Conservator of Forests has not to act judicially and thus no writ of certiorari could issue quashing his order even if no hearing was given to the Petitioner.