( 1 ) BY this petition under Articles 226 and 227 of the Constitution, the petitioner challenges the notice of demand dated 31st January 1975 (Annexure A) by which the respondents seek to recover a sum of Rs. 1,801 from the petitioner on account of a quarry lease. The petitioner also prays for refund of Rs. 540.

( 2 ) THE facts, briefly stated, are that the quarry lease was first auctioned on 27th February 1973. One Bhupat Singh was the highest bidder but his bid was not accepted. The quarry lease was reauctioned on 18th April, 1973. The petitioner's bid of Rs. 1,800 was the highest bid. The petitioner deposited Rs. 540 as security and earnest money in accordance with the auction conditions. The bid was, however not accepted at the time of auction. It appears that the bid was later accepted by the Collector on the file but instead of communicating the acceptance to the petitioner, the intimation of acceptance was sent to bhupat Singh who was the highest bidder in the first auction. The officer concerned realised the mistake after the expiry of the lease, But instead of returning the amount deposited by the petitioner to him, a demand notice for realising the lease mone