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1972 Supreme(MP) 11

BISHAMBHAR DAYAL, A.P.SEN
RAJENDRA KUMAR VERMA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
C.K.ADALIYA, M.V.TAMSKAR, R.L.Sharma

BISHAMBHAR DAYAL, C. J.

( 1 ) THIS is a writ petition under Article 226 of the Constitution of India challenging the recovery being made against the petitioner in the following circumstances:-The respondents advertised for receiving tenders for the sale of Tendu-Patta. (leaves) from unit No. 7, Budni. The petitioner gave a tender in pursuance of the tender notice No. 1972-X. 69 dated 25-3-1969 at the rate of Rs. 38. 25 p per standard bag. He also deposited some amount as security. The tenders were to be opened on 9th April 1969 but before they were actually opened, the petitioner made an application (Annexure 'a') resiling from his tender and requested that since he has withdrawn his tender it may not be opened at all. The tender was, however, opened as this was the only tender submitted for that unit. It is contended that subsequently the unit was also auctioned but since no offers were received, the tender of the petitioner was sent to the Government for acceptance. The Government accepted the tender and since the petitioner did not execute the purchaser's agreement, proceedings were now being taken for recovery of Rs. 24,846. 12 p. on the allegation that the Tendu leaves of the









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