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1998 Supreme(SC) 1185

K.VENKATASWAMI, J.JAGANNADHA RAO
V. Karnal Durai – Appellant
Versus
District Collector, Tuticorin – Respondent


Judgment

M. Jagannadha Rao, J.-Leave granted.

2. The appellant’s writ petition No. 1046 of 1997 was dismissed by a learned Single Judge of the Madras High Court by Judgment dated 20.10.1997 and further appeal filed by the appellant before the Divi­sion Bench in Writ Appeal No. 1686 of 1998 was also dismissed. Ag­grieved by the said judgments this appeal has been preferred.

3. The following are the relevant facts.

The District Collector, Tuticorin (First respondent) published a notification in the District Gazette in January 1995 calling for tender applications for grant of lease of sand quarry in 1.17 1/2 hectares for a period of two years from 1.1.95 to 31.3.1997. The said advertisement was amended and modified as a lease for three years i.e. upto 31.3.98, rather than for two years. On 23.2.1995 the petitioner submitted his tender and offered a sum of Rs. 1.60 lakhs per annum. The offer of the petitioners was the highest. The first respondent did not accept the offer but rejected the same by orders dated 22.3.1995 in exercise of his powers under Rule 8(6)(b)(ii) of the Tamil Nadu Minor Mineral Concession Rules, 1959 (hereinafter called “the Rules”). The Collector felt that the appella












































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