JUDGMENT

KASLIWAL. J.— The above appeal by the grant of special leave and the writ petition raise almost identical disputes, as such they are disposed of by common order. In order to appreciate the controversy we would narrate the facts of the appeal.

2. The State of Haryana after coming into force of the Haryana Minerals (Vesting of Rights) Act, 1973 issued a notification under subsection (1) of Section 3 of the said Act and acquired the right of the minor minerals in respect of village Basantpur within the District of Gurgaon. On September 14, 1976, a gazette notification was published notifying the general public that minor mineral quarries of Gurgaon district will be put to auction on September 30, 1976. The Punjab Minor Mineral Concession Rules, 1964 (hereinafter referred to as the Rules) are also applicable to the State of Haryana. Rule 28 provides for the grant of contracts by auction or tender. On September 30, 1976 an auction was held in respect of minor mineral of sand situated in village Basantpur. The bid of the appellant for Rs 95,500 per annum was declared to be the highest. According to the terms and conditions of the auction the appellant deposited a sum of Rs 23,875