Girish Chandra Gupta, J.

1. By a notice dated December 15, 2010 the Block Land and Land Reforms Officer, Manickchawk (BLLRO) invited tenders for settlement of Jalkar in respect of Lakshmi Kol Bishanpur Jalkar (Bishanpur Portion 100% Manickchawk Portion) on the terms and conditions contained therein.

2. Clause - 9 of the aforesaid notice provided, inter alia as follows:–

“1/4th of the offered price has to be paid immediately upon acceptance of the tender on the day of opening of the tender itself i.e. January 4, 2011. In default the tender shall stand cancelled and the money deposited by the tenderer whose tender may have been accepted shall stand forfeited and the fishery shall be resettled. The tenderer shall be liable to pay the balance within 15th December…….”

3. The tender was duly opened and the writ petitioner Raj Kumartola Matshyajibi Samabay Samity Ltd. was the highest bidder. From a receipt dated January 4, 2011 it appears that 25% of the lease rental amounting to a sum of Rs.2,87,500/- was deposited by the writ petitioner with the BLLRO. Possession of the fish