SURENDRA CHANDRA DAS Vs. DIVISIONAL FOREST OFFICER, CACHAR DIVISION AND ORS.

JUDGEMENT

(1.) THE Petitioner in pursuance of a sale notice issued on the 14th July, 1964 for the sale of Bamboo Mahals of Cachar Division for a period from the 1st October 1964 to 31st March 1965, along with others submitted tenders on the 26th August 1964. The tender of the Petitioner was for Rs. 33,001 and that of Respondent No. 4 Abdus Salam Choudhury was for Rs. 37,555. The Petitioner however was given preference and settlement was ordered to be made in his favour. As against that an appeal was filed which was rejected. Thereupon a review petition was filed to the Governor as, provided for in the sale notice. The review was allowed and it is against that order that the present petition has been filed.

(2.) THE Government Advocate contends that as the period of settlement has already expired the petition has become infructuous. It is true that the Petitioner is not entitled to any relief by this Court in view of the fact that the period of settlement has already expired. The contention of the Petitioner is that the interpretation put on Clause 25 of the sale notice by the Governor in disposing of the review petition is apparently erroneous and this Court for future guidance of the authorities concerned should decide that point, irrespective of the fact whether the Petitioner is entitled to any relief by this Court or not. Paragraph 25 of the sale notice reads as follows: