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1975 Supreme(Ker) 3

V.BALAKRISHNA ERADI, GEORGE VADAKKEL
BHASKARAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner in O.P. No. 3284 of 1973 which was dismissed by a learned single judge of this Court is the appellant before us.

2. The appellant is a forest contractor, who had been declared to be the highest bidder at an auction of forest produce conducted by the Divisional Forest Officer, Punalur on 21-11-1972 in pursuance of the notification Ext. R2 dated 27-10-1972. The appellant's bid was accepted by the competent authority and the sale was confirmed in his name by the Conservator of Forests, Quilon as per the said officer's proceedings dated 27-12-1972. In spite of the fact of confirmation of sale having been intimated to him, the appellant failed to comply with the requirement specified in condition 8 of the sale notice regarding deposit of the balance amount required to make up 2/3 of the bid amount. Hence he was called upon by the notice Ext. P2 dated 23-1-1973 issued by the Divisional Forest Officer, Punalur to show cause why auction should not be taken against him under Clause.8 of the sale notice for forfeiting the amount already remitted by him and for holding a re-auction at the appellant's risk and recovering from him any loss that may result from such






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