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1980 Supreme(SC) 112

O.CHHINNAPPA REDDY, R.S.SARKARIA
Advocate General For The State Of Bihar – Appellant
Versus
M. P. Khair Industries – Respondent


Advocates:
B.P.SINGH, LAL NARAIN SINHA, S.N.JHA, SUKUMAR GHOSH, Udaipratap Singh

JUDGMENT

CHINNAPPA REDDY, J. :— The Advocate-General of Bihar is the appellant in this appeal under Section 19 of the Contempt of Courts Act, 1971. Respondent No. 1, M/s. Madhya Pradesh Khair Industries, represented by respondent Number 2, Om Prakash Agrawal were the highest bidders at an auction held by the Divisional Forest Officer, Garhwa South, of four forest coupes in the State of Bihar. Under the terms of the agreements the respondents were required to deposit 25% of each of the four bids as security. The respondents were, however, able to make the deposit in respect of one coupe only and not in respect of the other three coupes. The respondents requested for time. Thereafter, there was a long course of correspondence with which we are not now concerned. Finally, on January 28, 1970, the Conservator of Forests determined the agreements. On February 28, 1970, respondent No.1 served a notice on the Divisional Forest Officer, Garhwa South, intimating him that they had filed an application under Article 226 of the Constitution in the Calcutta High Court and that S. C. Deb, J., had been pleased to issue a rule nisi and also an injunction restraining the Govt. of Bihar and the offi





















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