Judgment

SHAH, C.J.I. : The Divisional Forest Officer, Kamrup Division, Assam invited tenders for the purchase of monopoly rights to quarry stone from certain areas, including Narangi Stone Quarry Mahal, for the period July l, 1963 to June 30, 1964. Mool Chand Sarougi-hereinafter called the respondent submitted a tender accompanied by the requisite deposit of Rs. 100/- as earnest money, and offered the rate of Rs. 5.25 per rupee of royalty. The tender submitted by the respondent was accepted and for the minimum quantity of 1,25,800 cft. of stone allotted to the respondent out of the quarry he was to pay Rupees 31,250/-. Intimation of acceptance of the tender was given to the respondent on July 13, 1963.

2. One Baputi Ram, a member of a Scheduled Tribe, appealed against the order of the Divisional Forest Officer accepting the tender, to the Government of Assam and obtained a stay order. After about three months he declined to prosecute the appeal and his appeal was dismissed. The respondent then declined to accept the settlement of the quarry.

3. The Divisional Forest Officer invited fresh tenders. The offers made were not however accepted and tenders were invited again. On January 1