1. On 29-12-1995 it was decided and directed that this petition be disposed of finally at the motion hearing stage, without being formally admitted to hearing.

2. On Oct. 19, 1995 respondent No. 2, Excise Commissioner, J. and K. issued a notice inviting tenders (NIT for short) for and on behalf of the Governor of the State inviting tenders for the supply of 6 lakhs and 17 lakhs bulk litres of Rectified Spirit (94.4%) and above at Room temperature of 15 degree Celsius and of ISI 'A' Grade Quality) which was required for the Excise Warehouse, Jammu for the Alcohol year 1995-96. In response to this NIT, various parties submitted their tenders. We are, however, concerned with the tenders submitted by six parties, the details whereof have been given in para 6 of the petition. The names if these parties and the rates quoted by them are as under : -

3. It appears that even before the controversy had started, M/s. Ranson Industries, the lowest tenderer practically backed out from the rate quoted by it (Rs. 9.99 per bulk litre). Even though the backing out was conditional inasmuch as it by addressing a communication on 21-11-1995 informed the Government that by mistake, inadvertence and ove