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1972 Supreme(Pat) 156

U.N.SINHA, AKBAR HUSAIN
Jogendra Lal Saha – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The petitioner has filed this writ application under Articles 226 and 227 of the Constitution of India, praying, that the order incorporated in Annexure 11, dated the 23rd July 1969, and a notice, dated the 4th November 1969 (Annexure 12), issued under Section 7 of the Public Demands Recovery Act, may be quashed. The further prayer is that, the connected certificate proceeding pending against the writ petitioner may also be quashed. Annexure 11 Was a letter issued by the Divisional Forest Officer, claiming Rs. 70,713 from the petitioner, said to have been due in consequence of the settlement by auction of lot No. 102 for collecting Kendu leaves for the years 1967 to 1970 for Rs. 1,25,000. It was state-fed in that letter that, the petitioner had paid the dues for the year 1967-68, but he had not deposited the second instalment of Rs. 41,667 due by the 15th January 1969. Thereafter, the letter gave further details of accounting, stating, that, the price for the years 1968-69 and 1969-70 was due amounting to Rs. 83,333 and after giving certain deductions Rs. 70,713 was claimed. A deduction of Rs. 10,420 was given on account of the security deposit and a credit of Rs. 2,200












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