U. P. Singh and J JJ.

1. In this writ application under Articles 226 and 227 of the Constitution of India, the petitioner has sought for a direction to be issued to the respondents to execute the agreement in respect of collection of tolls relating to Phushro Bridge in the district of Giridih on account of the highest bid accepted in the public auction held on 4th February, 1993. He has further prayed for quashing of the order dated 4-2-1993 contained in annexure 3.

2. In accordance with the provisions of the Bihar Tolls Rules, 1979, the Bihar Rajya Pul Nirman Nigam Ltd (in short nigam) issued a notice on 17th December, 1992, published in the important news papers calling for a public auction to be held on 4-2-1993 in respect of settlement of the right to collect tolls on several bridges in the State, (Annexure 1 ).

3. In exercise of the powers conferred by Sec.9 of the Indian Tolls act, 1851 as ameded by the Indian Tolls (Bihar Amendment) Act, 1962 and rules thereunder, the Government entrusted possession and management of the concerned bridges to the Nigam under the statutory scheme of collection of tolls. The Nigam is an undertaking owned and set up by the State of bihar