KAILASH PROSAD SINGH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THESE two Rules were issued on two separate applications under Article 226 of the Constitution. As common questions of law and facts have been raised in these two petitions, they are disposed of by a common judgment,

(2.) ON 15 -4 -1958, a public auction was held for settlement of the Silonipam P.W.D. Ferry on the river Jiabhorali for a term of one year commencing from 1 -5 -1958. Previous to this auction sale, tenders were invited, but no settlement was mode, and in the auction sale which was held on 15 -4 -1958, the respondent No. 7, Pulin Chandra Chaudhury, offered a bid of Rs. 57,000/ -, respondent No. 6, Biswanath Singh offered the highest bid of Rs. 87,020/ -, and the petitioner in Rule No. 63 of 1958. Kailash Prosad Singh, offered a bid of Rs. 87,010/ -.

(3.) IN the result, therefore, we are of opinion that these petitions must be allowed and the order of the Additional Chief Engineer quashed on the ground that he did not comply with the provisions of Rule 19(b) of the rules framed under the Northern India Ferries Act. The Additional Chief Engineer will apply his mind to the whole question and, if he so thinks, give his reasons in writing for rejecting the highest bid or for accepting any other bid. In the circumstances of the case, we make no order as to costs. Sarjoo Prosad, C.J.