(1.) Kakojan Stone Quarry is the bone of contention. The petitioner's tender was the highest. Admittedly, he belongs to a Scheduled Tribe but his tender was rejected on extraneous consideration, for which he had to come to the High Court and his petition was accepted but the matter was remitted, after quashing the order of the authority. The appeal being remitted went back to the appellate authority. However, this time the petitioner's claim was turned down on a different ground altogether, namely that the petitioner was disqualified under Rule 13 of the Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967, 'the rules' for short.
(2.) Let us consider the contentions of Dr. M.K. Sharma, learned counsel for the petitioner. We extract Rule 13 of "the Rules".-
(3.) In the instant case when the order of settlement was made, admittedly the petitioner had paid up the entire amount "due" from him by the forest department. In fact, the appellate authority held: