JUDGMENT :- The Municipal Board, Mussoorie has a ropeway connecting the Mall Road to Gunhill. On 24-3-1972, tenders were invited by the Board for running the ropeway. The petitioners tender was the highest. The tender was accepted and thereafter on 14-6-1972, an agreement was entered into between the petitioner and the Board for running the ropeways for three years with effect from 15-6-72 to 14-6-1975. Amongst the various conditions of the agreement, one of the conditions stipulated was that the ropeways were to be given to the petitioner in a running condition and thereafter the contractor would be responsible for the maintenance and upkeep of the ropeways. The ropeway was handed over to the petitioner on 19-6-1972. It thereafter transpires that the petitioner informed the Board that the ropeway was not in a fit condition and as such the royalty fixed under the agreement should be reduced. This the petitioner did by his letter dated 13-11-1972. On 4-12-1973, the President of the Municipal Board wrote a letter to the petitioner saying that the State had directed that ropeway be completely stopped from operation. On 27-12-1973, the petitioner informed the Board that an amount of Rs

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