KHAN GHULAM NABI SHAH & CO (FIRM) Vs. STATE OF J&K

JUDGEMENT

(1.) THIS civil first Appeal registered as letters patent Appeal is filed against the judgment as decree passed by learned single Judge of this court on October, 14, 1976 dismissing the civil suit of the appellant which was registered at No. 52 of 1970.

(2.) THE appellant herein a firm registered under the J and K Partnership Act filed suit for the recovery of an amount of Rs. 25, OOO/ - being the earnest money deposited by the appellant with the Forest Department while submitting the tender for group No. ix compartment No. S -15 Shri Pratap Singhpora Range, P.P.Division and also claiming interest on the said amount at the rate of 7 1/2 per cent. A declaration was also sought for the cancellation of the registration of the appellants firm on the ground that the Conservator of Forests was not competent to make any such recommendation. The learned trial court after trial dismissed the suit of the appellant with costs by the judgment and decree impugned in this appeal.

(3.) THE main contentions of the learned counsel for the appellant at the time of arguments were two fold. Firstly, that the Chief Conservator of Forests had no jurisdiction to enhance and pitched security deposit from Rs 25, OOO/ - to Rs. 40000/ - and secondly, that the de -registration of the plaintiff firm was done without issuing of any show cause notice violating the principles of natural justice. Learned counsel, therefore submitted that on both the above noted grounds the learned single judge in taking the contrary view under the impugned judgment has not taken into account the facts and circumstances of the present case in the right perspective.