D.L. MEHTA, J.—The petitioner-appellant is a contractor and used to purchase scrap materials sold at railway auctions. The Controller of Stores, Northern Railway, New Delhi, published a public auction of scrap steel rails at Bilara and other places in Jodhpur Division of the Northern Railway. The auction was held at Bilara on January 31, 1967, Pipar Road on January 30, 1967 and at Marwar Bhinmal on February 3, 1967. The terms and conditions of the auction were set out in the said auction notice dated January 18, 1967. The highest bidder was required to deposit 25% of the sale price on the spot and to pay the remaining amount to the Chief Cashier and Pay Master, Northern Railway, New Delhi or Divisional Cashier and Pay Master concerned or the Station Master where there is no Divisional Cashier and Pay Master within seven days from the date of receipt of final acceptance of the bids. The appellant was the highest bidder in respect of one lot of scrap steel rails sold by auction held at Bilara on January 31, 1967. The appellant gave the bid for Rs. 60,680/- and deposited 25% earnest money then and there on the closure of the auction and also deposited the balance 75% of the sale price

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