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1980 Supreme(Pat) 113

B.P.JHA, CHAUDHARY SIA SARAN SINHA
Budha Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In an application under Ar. 226 of the Constitution of India the petitioner prays for quashing Annexures 6, 7 and 8. These orders have been passed by various authorities under the provisions of Bihar Public Demands Recovery Act, 1914 .

2. The Forest Department, Deltonganj, published a notice in the Bihar Gazette dated. 7.12.66 for sale of Kendua leaves. The auction was held on 21.12.1966 and the petitioner was the highest bidder. The petitioner agreed to pay Rs. 9,000.00 annually for three years. He also deposited a sum of Rs. 2250.00 as earnest amount on 21.12.66 before the authority concerned. He did not deposit the balance amount of Rs. 6750.00 before the authority concerned. One of the conditions, as mentioned in the advertisement, as contained in Annexure-1, was that if the petitioner did not deposit the aforesaid balance amount in the treasury, then in that case, his contract shall automatically be revoked. In the present case, it is admitted position that the petitioner never deposited the balance of the bid amount in the treasury and, as such, his contract was automatically revoked by the department concerned. There is also a provision in para 5 of Annexure-1 tha










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