JUDGMENT

The appellant, M/s. Rajshila, a firm of partners, seeks special leave to appeal to this Court from the order dated 31-1-1991 of the Division Bench of High Court of Allahabad made in Civil Miscellaneous Writ Petition No. 2250 of 1991. Appellant challenged the award of the exclusive right to collect Toll on the bridge across Ganga at Jajmau, Kanpur Division in favour of M/ s. Munendra Nath Upadhyay & Company, the fourth respondent herein, at the auction held in that behalf on 14-11-1990.. The High Court dismissed the writ petition.

2. We have heard Shri Harish Salve, learned counsel for the appellant, Shri R. B. Mishra for the State of Uttar Pradesh; and Sri R. N. Narsimhamoorthy learned senior counsel for respondent No. 4. Special leave is granted and the appeal taken up for final hearing, heard and disposed of by this judgment.

3. On the 21st of September, 1990, a public notice was caused to be issued by the authorities concerned inviting tenders from intending bidders for the award of the right to collect toll on the said bridge. The auction was originally fixed to be held on the 30th of October, 1990. Seven persons obtained tender papers but only two, the fourth respondent