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1961 Supreme(MP) 102

P.V.DIXIT, K.L.PANDEY, N.M.GOLVALKER
K. P. CHOUDHARY – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
H.S.Khaskalam, L.G.R.Desilva

DIXIT, C. J.

( 1 ) THIS petition under Article 226 of the Constitution challenging the legality of the recovery of Rs. 51,500/- as arrears of land revenue from the petitioner has been filed in the following circumstances.

( 2 ) THE petitioner's bids at an auction of two parts of coupe No. 1, Hulki, of Bargi range were accepted by the Chief Conservator of Forests. Thereafter some dispute arose between the petitioner and the Forest Department about the marking of the trees according to the 'material notified' at the time of the auction. The dispute was not settled to the satisfaction of the petitioner. The petitioner avers that on account of this dispute he refused to complete the contract or to pay the first instalment in respect of the forest contract. According to the State, the applicant actually signed the contract (exhibited at page 61 of the paper-book) and also furnished security for the same. On behalf of the State the contract was signed not by the Chief Conservator of Forests, Rewa, but by the Divisional Forest Officer, jabalpur Division. When the applicant failed to pay the balance of the first instalment due from him and to get the security bond furnished by him signed b










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