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SYED SHAH MOHAMMED QUADRI
A. K. Baig Enterprises, partnership concern, represented by Managing Partner, A. K. Baig – Appellant
Versus
Executive officer, Sccnnderabad Cantonment Board, Sccnnderabad – Respondent


ORDER :

1. These two writ petitions raise common questions of facts and law, therefore they are being disposed of together.

2. Purporting to act under Sec. 60 of the Cantonments Act, 1924 (for short ‘the Act’) the first respondent issued notification inviting tenders for lease of collection right of Octroi for the year 1987-88 through Tender Notice No. 3252 dated 23rd december, 1986. On the same date another tender notice No. 3253 was issued inviting tenders for lease of collection rights for Toll Tax for the year 1987-88. The petitioner who was holding lease hold rights for the year 1986-87 and three other persons submitted tenders. The tenders of the petitioner were the highest both for Octroi and toll tax. The Cantonment Board met to consider the tenders submitted for grant of lease for collection of Octroi/Toll Tax and appointed a committe to negotiate with the petitioner. During the negotiations the petitioner enhanced the tender offer by Rs. 15,000/- for Octroi and by Rs. 5,000/- for Toll Tax. In the meanwhile the next highest tenderer, the fourth respondent herein, sent a letter making offer to enhance Rs. 2 to 3 lakhs towards Octroi and Toll Tax. Having considered the said

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