The petitioner participated in the auction notified by the authorities of the Forest Department. But in spite of becoming successful bidder, the petitioner could not honour the commitment by completing the deal under which circumstance, the Department proceeded with steps for re-auction. In the further course of proceedings, the liability of the petitioner has been fixed to an extent of nearly ₹1,60,846/- towards the alleged loss cause to the Department. The petitioner chose to challenge the same by way of W.P.(C). No. 8786 of 2009, wherein interference was declined and the writ petition was dismissed. An appeal was filed against that verdict which also came to be dismissed.
2. The present grievance of the petitioner is with regard to the non-consideration of Ext.P2 representation preferred before the 1st respondent. It is stated that, under similar circumstances, the frustrating circumstances were considered by the 1st respondent and relief has been granted to another similarly situated person. The delay in finalizing the representation preferred by the petitioner, simultaneously initiating RR proceedings, made the petitioner to approach this Court.
W.P.C. No. 28328 of 2014 -2-
3. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
4. During the course of hearing, the learned counsel for the petitioner submits that, to prove the bonafides of the petitioner, he is ready to satisfy 1/3rd of the liability for causing Ext.P2 to be finalized, simultaneously adding that, subject to the outcome of the decision to be taken by the 1st respondent, the petitioner is ready to liquidate the balance liability if any, as well.
5. In the above circumstance, this Court finds it fit and proper to direct the 1st respondent to consider and pass appropriate orders on Ext.P2 in accordance with law, after giving an opportunity of hearing to the petitioner at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. It is ordered accordingly. Coercive proceedings shall be kept in abeyance till such time, on condition that, the petitioner deposits 1/3rd of the disputed liability covered by Ext.P1 within 'two weeks'. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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