JUDGMENT

VERMA, J.:—Leave granted.

2. This appeal by special leave under Art. 136 of the Constitution is against the judgment and order dated 21-7-92 by which the Civil Writ Petition No. 7419 of 1992# has been allowed by the Punjab & Haryana High Court directing the appellant Food-Corporation of India to allot to the respondent the necessary stocks of damaged rice for which the tenders had been invited by the appellant, since the respondent was the highest bidder.

(#Reported in (1993) 1 Recent Revenue Reports 45.)

3. The appellant invited tenders for sale of stocks of damaged food-grains in accordance with the terms and conditions contained in the tender notice (Annexure A). The tenders were required to be submitted up to 2.45 p.m. on 18-5-1992; the tenders were to be opened on 18-5-1992 at 3.00 p.m.; and offers were to remain open for acceptance up to and inclusive of 17-7-92. The respondent submitted its tender for a stock of damaged rice within the time specified, but the respondents tender was conditional and the full amount of earnest money required by the terms was also not deposited. It is, however, not necessary to mention the particulars of these two deficiencies in responden