G. C. Bharuka, J. - The present writ application has been filed by the petitioner for quashing of entire proceedings in Certificate Case No. F-4 of 1975-76 pending in the court of Certificate Officer, Garhwa.

2. The relevant facts may be stated in short. The petitioner/pursuant to a tender notice published in the Bihar Gazette dated 9.1.1974 for collection of Kendu leaves, submitted his tender on 4.3.1974 for acquiring Kendu leaves from Unit no. 208 of Dhurki within Garhwa North. The petitioner was found to be the highest tenderer and accordingly, he was directed to execute a contract but the petitioner failed to comply with that direction. Accordingly, the unit had to be re-auctioned and settled in favour of another person. Subsequently, the petitioner was served with a notice to pay the amount of damages caused to the Government because of non-execution of the contract and its settlement at a lesser rate. The damage was calculated as per the stipulation contained in Condition No. 17 of the tender notice. Since the petitioner failed to pay the amount of damages as demanded, the impugned certificate proceedings were initiated against him.

3. It has been submitted on behalf of