1. This is a petition under Art. 226 of the Constitution. The facts are that the tolls of Kakilamukh - Neamati - Kamalabari Ferry were put to public auction on the 22nd March 1961 with a view to let it out for the year 1961-62. The petitioner Dharmeswar Kalita offered the highest bid of Rs. 61,400/-. The auction sale was conducted by Sri A. Ahmed, Additional Deputy Commissioner, Sibsagar who has been impleaded as opposite party No. 1 to the present petition. The petitioner after Ins bid had been accepted by the Additional Deputy Commissioner (hereinafter called 'the conducting officer') deposited the requisite money as prescribed under the rules.
The conducting officer sent the proposal for acceptance of the petitioner's bid to the Chief Engineer who is impleaded as respondent No. 2 in the present petition, for approval. The Chief Engineer did not approve of the settlement with the petitioner and ordered settlement with one Shankhadhar Bora who has been impleaded as respondent No. 3 in the present petition, at Rs. 61,300/-. The petitioner has filed as annexure B to his affidavit, a copy of the telegram purported to have been sent by the Chief Engineer on the 24th April 1961 to the E