//^ HIGH COURT OF JUDICATURE AT BltASPUR. GHHATTtSGARH StNGLEBENCH:HON'BLESHRIS.R.NAYAK,ej. PETmONffi [^•_i WRrFPETn-IONNQ.aMOFZOQ^ Ms. Kishorilal Shreekistaarr (A proprietorehip concern), throughits Sote Proprietor Damodar^rawal, S/0 Late Shreekishan ^rawal, Aged about 45 yeare, Oecupation: Business, R/oGanj Line, Rajnandgaon, District Rajnandgaon, Chhattisgarh. RESB3NDENTS 't_ Versus 1. State of Chhattisgarh, ThrouahtheSecretary.Forests, Forest & Cultural Department, Mantralaya.D.K.S. Bhawan, Raipur, ChhatBsgarh. 2. ChiefConservatorofForeste/ ManagingDirector, State of Chhattisgarh, Raipur, Ghhatti^arh. 3. ConservatorofForests, Durg Girele.Durg, Chhattisgarh. 4. ChhatUsgaihStateMinQrEoresl Produee CFrade and Devetopment) Cooperativ®Soeiety, Tftrough ifs Managing Director, V.I.P. Road, Raipur. CtihatUsgarh. 5. DivisionalForestOfHcer/ lyiane^ingDirecter, District Minor Forest Produce Cooperative Union Lirmted, Durg,Chhattisgartt. Present: Mr. Rajiv Shrivastava, leamed counset for the petiUoners. Mr. Yashwant Singh,lKimed©.A.,forttieStateof Chhattisgarh. ORALORDER (Passed on22nd FebFuary2(M)8^ Kf - 2-- ,;-' This writ petiBon arises out of a contract awarded to the petitioner by the fourth respondent, Chhattisgarh State Minor Forest Produce (Trade and Development) Co-operatwe Society, to purchase the gum collected by tte Co-operathre Societles within the range of Durg Unit The petitioner being aggrieved by an adverse order made by th®fifth respondent dated 30/09/2000 has already preferred an appeat to the Chisf Conservator of Forests, thesecond respondent herein, and it is stated ttiat the said appeal is stfll pending. When the matter stood thus, tt appears that the AddiUonal Chief Conservator of Forests, ater conductingan enquiry submitted a report which is sald to be favourable to fte peBtioner recommending for refund of the EMD ete., and the when the pefitioner made a request to the fourth respondent - Society to implemerrt th® above recommendation of the Additional Chief Conservator of Forests, the fourth respondent- Soctety refused to comply with it and on the other hand, they have issued the impugned order. (2) The dispute brought before thts Court, B cannot be denied and it is not denied, arises out of an ordinary confract awarded to the petitioner. Since the issue is seized by the appetlate authority, the second respondent herein, there is no need for this Court to undertake adjudication of the merits of the claim put forth by the petiUoner. The petitioner can make appropriate appllcation before the second respondent—appellate authorify in the pending appeal. That tiberty is reserved to the petitioner. 1 direct the second responctent - Chief Conservator of Forests, State ofChhattisgarh, to hear and dispose ofthe appeal preferred by the petitioner against theorder (rf the fifth respondent //- -5- dated 30/09/2000, if not already done, within a period of three months from the date of receipt of a copy of this order. Sd/- Chiefjustice K •^. ^ / '