JUDGMENT

A.K. Rath, J.

1. In this writ petition, the petitioner has prayed, inter alia, to quash the letter dated 5.9.2014 issued by the Divisional Manager, Odisha Forest Development Corporation Limited, Bhubaneswar-C Division (hereinafter referred to as “the OFDC” for the sake of brevity), vide Annexure-5. By the said letter, the petitioner was requested to deposit the royalty (lease rent) for 2015 crop as per the provision of clause no.12 of the terms and conditions as well as clause no.3 of the agreement on leasing out of cashew plantation lots for three years license basis in shape of account payee bank draft on or before 30th September, 2014. An ancillary prayer has also been made to allow the petitioner to operate the lease for the year 2015 by depositing proportional reduced royalty on 5578 trees and the full royalty paid for the year 2014 in the year 2015.

2. Shorn of unnecessary details, the short facts of the case of the petitioner are that the OFDC issued a tender call notice inviting tenders from the interested persons/traders/ firms/companies for collection of cashew nuts with thalamus from the plantation lots of Bhubaneswar (Commercial) Division, Berhampur (Commercial) Division and Bhanjanagar (Commercial) Division for the period ending 31.07.2015 (2013, 2014 and 2015 CROP) with offer for three years i.e. 3 Crops in lump sum, vide Annexure-1. Pursuant to the same, the petitioner participated in the bid. He offered royalty of Rs.30,00,000/-for three years, i.e. crop year 2013, 2014 and 2015. He became the highest bidder in respect of Lot No.46/13 having an area of 286 hectares situated under Tangi Sub-Division. Thereafter, he was allotted the said lot. The total numbers of fruit bearing trees were 32212. A lease deed was executed between him and the OFDC. He had to deposit a sum of Rs.10,00,000/-for each crop year on or before 30th September of the preceding year. He deposited Rs.10,00,000/-for the crop year 2013 and operated the cashew field. He had also deposited the royalty for the year 2014 before 30.9.2013. To his ill luck, a cyclonic storm, namely, Phailin, hit the costal belt of Orissa on 12.10.2013. In the cyclone, out of total 32212 trees, 5578 trees were completely damaged. Only 2178 trees are left out. After cyclone, an assessment was made by the OFDC and it was found that only 5578 trees have been left out in Lot No.46/13 of Tangi Sub-division. Thereafter, he submitted a representation before the OFDC praying for re-assessment of royalty on the basis of the available 5578 trees and allowing him to deposit the royalty on the reduced number of trees for the next crop year. But then, the OFDC demanded full royalty and threatened to forfeit the security deposit and black-list him. Finding no alternative, he deposited the royalty for the crop year 2014. Further case of the petitioner is that on 5.9.2014, the Divisional Manager (C), Orissa Forest Development Corporation, opposite party no.2, without considering his representation, issued an order directing him to deposit the full amount of royalty i.e. Rs.10,00,000/-for the crop year 2015.

3. Pursuant to issuance of notice, a counter affidavit has been filed by the opposite parties. The sum and substance of the case of the opposite parties is that a notice inviting offer was issued by the OFDC for leasing out cashew plantation lots under Tangi Plantation Sub-Division under Bhubaneswar (C) Division of the OFDC for the three crop years 2013, 2014 and 2015. In the tender held on 31.10.2012, the petitioner offered Rs.30,00,000/-for leasing out the cashew plantation lot no.46/13 of Bhubaneswar (C) Division. The same was accepted by the Director (Operation), OFDC, vide Annexure-2. He deposited a sum of Rs.4,50,000/-towards security deposit and Rs.10,00,000/-towards royalty for the crop year 2013 and executed an agreement with the Divisional Manager, Bhubaneswar (C) Division on 30.4.2013, vide Annexure-A. Thereafter, the said lot was delivered to him. As per clause