S. D. Agarwala, J.

1. This is a petition under Article 226 of the Constitution of India. Since the counter affidavit and rejoinder affidavits have been exchanged parties are agreed that the petition may be disposed of finally,

2. We have heard learned counsel for the parties.

On 19-6-1990 an auction notice was issued by the Executive Engineer, Public Works Departments, Hamirpur for settlement of right to collect tolls of bridge Sanjay Setu' situate at 65 Kilometer on Kanpur- Hamirpur Kabrai Marg. The settlement was to be made for a period of one year and the auction was scheduled to be held on 31st July, 1990. Under the terms of the auction notice every bidder at the said auction had to submit certain documents and then only he was to be permitted to take part in the auction. One of the important documents was a solvency certificate for a sum of Rs. 25,00,000/-. It was provided in the auction notice that in case the solvency certificate was not submitted in accordance with the terms or the auction notice then such person will not be permitted to bid at the auction.

3. The petitioner submitted a solvency certificate on 24-7-1990. On 31-7-1990 the Executive Engineer, Public Wo