5th respondent appears through counsel. Shri S. A. Laskar, Senior Government Advocate appears for respondents 1 to 4. We have heard all the learned counsel appearing in the case.

The dispute arose out of an attempted sale and settlement of Jonai daily and weekly market under the Jonai Mahkuma Parishad. 5th respondent was a successful tenderer for the year 1990-91 at a bid amount of Rs. 2,75,357.00. For the year 1991-92 tenders wire called for. The petitioner, 5th respondent and others submitted tenders, petitioner for Rs. 3,51,557.00 and the 5th respondent for Rs. 2, 21,505.00. The petitioner's tender was accepted by Annexure A dated 20.6.91 and he was asked by that to deposit security money and kist amount totalling Rs, 3,00,000.00. He took the plea that it wa& contrary to relevant rules which required him to deposit only 25% as security amount. Thereafter the second tender notice was issued. The petitioner did not participate in the tender. The highest tender was that of 5th respondent at Rs.l,51,230.00. It is not clear as to what exactly the authority did. it is clear that the 5th respondent approached the Govt. with a submission that in the ; previous year he h