K.M. Joseph, J.

1. Since a common question of fact and law arises for consideration in these two appeals, we are disposing of the same by this common judgment. Writ Petition (M/S) No. 1033 of 2018 is the writ petition, from which both these appeals arise.

2. Special Appeal No. 306 of 2018 is filed by the 4th respondent in the Writ Petition. Special Appeal No. 333 of 2018 is filed by the 3rd respondent in the Writ Petition (hereinafter referred to as the “Waqf Board”).

3. The Writ Petition was filed seeking the following relief:

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to issue the letter of acceptance of contract in favour of petitioner being the second highest bidder in regard to shop no. 1 (main gate Nakkar Khana, Dargah Piran Kaliyar) as respondent no. 4 had failed to deposit 50% amount of his accepted bid within two days, rendering the contract cancelled.”

4. The 1st respondent in the Writ Petition was arrayed as SDM/Administrator Dargah Piran Kaliyar Sharif, Teshil Roorkee, District Haridwar.

5. According to the writ petitioner, Annexure 1 dated 15.3.2018 which was issued by the office of Waqf Dargah Piran Kaliyar, inv