Judgement

RAGHUBAR DAYAL, J.: This appeal on certificate granted by the Rajasthan High Court is against the dismissal of the appellant s writ petition under Art. 226 of the Constitution praying for the issue e of a writ of certiorari to the State of Rajasthan, respondent No. 1, for the cancelling and setting aside of its order dated April 1, 1964 granting the contract for collecting royalty on building stones excavated from certain area to respondent. No. 2, Dharti Dan Shramik Theka Sahkari Samiti Ltd., a co-operative society. The appeal arises in these circumstances.

2. The appellant offered the highest bid at the auction for the grant of royalty collection contract on 21-1-1964. Respondent No. 2 was also one of the bidders, but stopped after offering abid of Rs. 33,000. The final bid of the appellant was for Rs. 42,200. The State Government made the order in favour of respondent No. 2 on an application made by it on March 5, 1964, stating therein that the appellant had not deposited 25 per cent. of the bid amount as security immediately after the completion of the auction in accordance with R. 36 (7) of the Rajasthan Minor Mineral Concession Rules, 1959, hereinafter called the rule