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2015 Supreme(Ori) 5

AMITAVA ROY, A.K.RATH
Jambeswar Pradhan – Appellant
Versus
O. F. D. C. Ltd. – Respondent


Advocates:
Advocate Appeared:
For Petitioner:Mr. Jayant Das, Senior Advocate.
For Opposite Parties:Mr. S.K. Pattnaik, Senior Advocate.

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

















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