Bal Raj Tuli, J.

1. This Petition came up for hearing before my learned brethren Narula and Suri JJ. and the learned Judges referred it for decision to a larger Bench by an order dated November. 19, 1970, principally because Suri J., doubted the correctness of some earlier Division Bench judgments of this Court. In pursuance of that reference order this petition has been placed for hearing before this Full Bench.

2. The petitioner-firm gave the highest bid for the country liquor vend at Railway Road, Kapurthala, for the years 1969-70 when the auctions were held in the month of March, 1969. The quota fixed for the vend was 11640 proof litres. A pamphlet containing the terms of auction was prepared and circulated amongst the prospective bidders. The relevant conditions of auction are contained in annexure A to the writ petition. In accordance with those conditions, the licence fee for the vend bid by the petitioner-firm amounting to Rupees 2,75,000.00 was to be deposited in the Treasury in twelve equal instalments, each instalment being paid on or before the 25th of each month. Before starting the vend the petitioner-firm had to deposit 1/12th of the amount that is, Rupees 22