( 1 ) BY this application under Article 226 of the Constitution, the petitioner-challenges the validity of the "madhya Pradesh Tendu Patta (Vyapar Viniyaman)Niyamavali Sanshodhan Adhyadesh, 1965" (hereinafter referred to as the ordinance), an ordinance promulgated by the Governor on 11th May 1965, amending in certain respects the "madhya Pradesh Tendu Patta- (Vyapar viniyaman ) Niyamavali, 1965, (Rules framed under the M. P. Tendu Patta (Vyapar viniyaman) Adhiniyam, 1964, and hereinafter called the Rules), and of the appointment of the respondent No. 5, M/s Vrajlal Muljibhai and Co. , Bilaspur, as purchaser for the purchase of Tendu Patta leaves collected by the Government or by its officers or agents in certain units of certain ranges of North Bilaspur Forest division. The petitioner prays that the Ordinance be declared' invalid and the appointment of the respondent No. 5 purporting to have been made in accordance with the Rules, as amended by the Ordinance, be held to be illegal, and the opponents be commanded to give effect to the Chhotabhai Jethabhai Patel and Co. v. State of M. P. , Misc. Petn. No. 153 of 1965, D/-27-4-1965: (AIR 1966 MP 34)by inviting fresh tenders in accordance with Rule 7 of the Rules,, as they stood before they were amended by the Ordinance, for the disposal of Tendu leaves collected from the aforesaid units.

( 2 ) THE matter arises thus After the coming into force of the Madhya Pradesh Tendu patta (Vyapar Viniyaman) Adhiniyam, 1964, (hereinafter called the Act), the government issued a notice on 9th February 1965 inviting tenders from persons or parties desirous of purchasing Tendu leaves purchased or likely to be collected by government or its officers or agents in the various Tendu Patta Units, a list of which was appended to the notice. That list included the units involved in this application. According to this tender notice, tenders for the units of ranges of north Bilaspur Forest Division had to be submitted personally to the Conservator of Forests, Bilaspur, or to his Office Superintendent, before 15. 00 hours of 2nd march 1965. They could also be sent by registered post so as to reach the conservator of Forests or his office before the said date and time. No tenders for the units in question were, however, received at Bilaspur upto 15. 00 hours of 2nd march 1965. "the respondent No. 5, however, presented its tenders in respect of the units concerned at Raipur on 2nd March 1965 in sealed covers addressed to the Conservator of Forests, Bilaspur, through the Conservator of Forests, Raipur. These tenders were accepted by the Government.

( 3 ) THE petitioner then filed an application under Article 226 of the Constitution questioning the validity of the tenders submitted by the respondent No. 5 and seeking a direction restraining the Government from acting in any manner on those tenders. It also prayed for the issue of a direction to the opponents commanding them to entertain and consider the tenders it had submitted on 16th march 1965 to the Conservator of Forests, Bilaspur, for the purchase of Tendu leaves from the units in question for which the respondents No. 5 had given its tenders. That petition (M. P. No. 153 of 1965 : (AIR 1966 MP 34) was allowed in part by us on 27th April 1965 holding that the tenders submitted for the units in question by the respondent No. 5 were invalid and consequently the acceptance of those tenders by the State Government was also invalid. The petitioner's prayer for a direction to the opponent State to entertain and consider its tenders submitted on 16th March 1965, was, however rejected by us. The decision in M. P. No. 153 of 1965 : (AIR 1966 MP 34) proceeded on the reasoning that the Government having framed Rules under Section 19 of the Act for regulating the sale and disposal of Tendu leaves was bound to follow the Rules in the sale and disposal of Tendu leaves; that when the Rules had been framed for the exercise of the general powers conferred b