Judgment

DESAI, J.:- One Masum. Hussain (since deceased) was the successful bidder at a public auction for a Stone Quarry licence held on January 8, 1975. His bid at Rs. 11,500/- per annum for a period of three years 1975 to 1978 was accepted by the Director of Geology and Mining, Madhya Pradesh. He executed an agreement on April 18, 1976. It appears that thereafter some dispute arose with regard to specifications of the area covered by the mining lease and the matter was carried to the Commissioner who allowed the appeal of the lessee and gave certain directions. In the meantime, as the lessee failed to pay the amount which he was liable to pay under the agreement of lease entered into by him with the State of Madhya Pradesh, a fresh auction was held in respect of the same area for which the original lessee had given his bid. Thereafter, the Collector directed the recovery of Rs. 31,625/- alleging that the State has suffered a loss due to the breach of agreement committed by the lessee. The deceased lessee challenged the recovery proceedings by way of a writ petition in the High Court of Madhya Pradesh at Jabalpur. The High Court did not accept the contentions advanced on behalf of