VITTAL LAXMAN KALGUTKAR Vs. STATE OF MYSORE

JUDGEMENT

(1.) On January 15, 1959, the right to operate a power launch service and the collection of ferry toll in respect of the Sadashivgad-Kodibeg ferry in the District of North Canara, was the subject matter of a public auction concerning the period commencing on August 1, 1959 and ending on March 31, 1962. Ex. 43 was the proclamation incorporation the conditions of the auction.

(2.) A certain V. L. Kalgutkar who is now dead and who was the plaintiff who instituted the suit out of which this appeal arises, offered the highest bid of Rs. 27,000 in respect of the entire period. The commencement of the auction was preceded by a deposit of Rs. 200 made by the bidders including the highest bidder and according tot he allegations in the plaint, there was an acceptance of the highest bid by the Executive Engineer and a deposit of a tenth part of the highest bid amounting to Rs. 2,700.

(3.) On July 30, 1959, the concerned Executive Engineer addressed a letter to the highest bidder V. L. Kalgutkar requesting him to operate the ferry from August 1, 1959 'for about a week or till further orders' on the basis of the old lease agreement which was referred to as the existing lease agreement.