GOSWAMI, C. J. :- This judgment will govern both the above Civil Rules. Civil Rule No. 206/68, although listed with the other case from 21st June, 1972 onwards, was heard separately on 27th and 28th June, 1972.

2. The facts of Civil Rule No. 726 of 1969 are as follows: In pursuance of a sale notice issued by the Divisional Forest Officer, Garo Hills, inviting tenders for settlement of Darugiri Reserve Coupe No. 1 of 1961-62, the petitioner submitted the tender on 16th May, 1966 offering Rs. 78,315/- per year. Under Clause 3 (a) of the sale notice, the Governor of Assam is the competent authority to pass the order of settlement. After some correspondence, the Divisional Forest Officer, on 27th January, 1967, informed the petitioner that the coupe was finally settled with him at his offer. He was asked by the same letter to produce documentary evidence in support of financial soundness and was directed to attend the office of the Divisional Forest Officer, Garo Hills, for signing the agreement. For some reason or other the agreement was not signed although there is some controversy regarding the reasons given by the petitioner for not signing the same. The petitioner ultimate