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1970 Supreme(All) 26

G.C.MATHUR
Deewan Chand – Appellant
Versus
State of U. P. – Respondent


Advocates:
V. K. Khanna, for Petitioner; Standing Counsel, for Opposite Parties.

ORDER :- An auction for the grant of leases in respect of certain lots was held in 1967 by the Forest Department. The petitioner purchased two lots Nos. 39 and 55. Lot No. 39 consisted of 202 acres of land and Lot No. 55 consisted of 125 acres of land. The auction in favour of the petitioner was confirmed on July 12, 1967. Thereafter there was some dispute between the parties and, ultimately, the lease in respect of Lot No. 55 was cancelled on October 7, 1968, and the lease in respect of Lot No. 39 was cancelled on October 28, 1968. Subsequently, the lots were reauctioned but they fetched a much lower price than that which the petitioner had agreed to pay. The Forest Department called upon the petitioner to pay a sum of Rs. 1,72,423/-, being the difference between the amount agreed to be paid by the petitioner and the amount which the lots fetched at the re-auction after giving credit for the payments already made by the petitioner. The petitioner not having paid this amount, a certificate was issued to the Tahsildar to recover the amount as arrears of land revenue. It is these recovery proceedings which have been challenged by the petitioner.

2. The contention of the petitioner is





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