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1974 Supreme(J&K) 84

MUFTI BAHA-UD-DIN FAROOQI, S.MURTAZA FAZAL ALI
Gani Joo Ahsan Joo And Sons – Appellant
Versus
Conservator Of Forests, Jammu Forest Circle – Respondent


Advocates Appeared:
Advocate For Appellant: R.S. Mehta
Advocate For Respondent: Amar Chand Vaid

Per Mufti J.

(1) The Conservator of Forests, Jammu Forest Circle, issued a notice inviting tenders for the right to convert and remove timber from trees marked for felling in Compartments 101 (a), 99 and 100 (b) of Dudu Range, Udhampur Division. The petitioner was the successful tenderer. His tender was accepted by the Government, being the competent authority, under Govt. order No. Fst/33/64 of 1964 dated 18-4-1964 (Annexure C to the petition.) Thereafter the parties exectuted a formal deed on 14-5-1964 as provided in the tender notice. The deed was signed on behalf of the state by the Coservator of Forests contrary to the directions contained in Government order No. 187 of 1963 dated 7-3-63 (annexure b to the petition) which required such deeds to be signed by the Chief Conservator of Forests. Upon the execution of the deed, however, the coupe was handed over to the petitioner and he was allowed to start the work (Annexure p to the petition). He actually worked out the lease but fell in arrears as regards the payment of royalty. The Government started action for the recovery of the arrear royalty as arrears of land revenue as per letter No. 188 dated 14-4-1972 addressed by Divisio































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