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1970 Supreme(Raj) 81

C.M.LODHA
State of Rajasthan – Appellant
Versus
Jairam Das – Respondent


Advocates:
B.C. Chatterjee, Additional Advocate General, for the State; P.C. Bhandari, for Respondent.

Judgement

JUDGMENT:- All these appeals by the defendant State of Rajasthan involve a common question of law, and can be conveniently disposed of by a single Judgment.

2. It appears that the respondent-plaintiff in all these cases gave highest bid in the auction held on different dates in respect of different areas for royalty collection contract in respect of building stone for the period commencing from 1-4-1958 to 31-3-1959 as provided in the Rajasthan Minor Mineral Concession Rules, 1955, which were then in vogue, no bid was to be regarded as accepted unless confirmed by the Government. The plaintiffs complaint is that they deposited 25% of the amount of bid for one year on completion of the auction as provided in Rule 37 of the aforesaid Rules (which for the sake of brevity called 'the Rules' hereinafter). But the acceptance of the Government was not conveyed to the plaintiff till 3-6-1958 by which time two months of the period of contract had already expired. It was alleged that on the receipt of the sanction dated 30-5-1958 on 3-6-1958 the plaintiff in all the cases refused to execute the contract and informed the Government that they were not prepared to enter into the contrac












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