Mahajan C. J. - (1.) This petition under Art. 32 of the Constitution of India arises in the following circumstances.
(2.) The Collector of Excise, Ajmer, respondent No. 3, on the 16th March 1953 held an auction sale of "Change Gate country liquor shop Beawar" for the year 1953-54 pursuant to the rule framed under Excise Regulation I of 1915. The petitioner and respondent No. 5, Chhoga Lal, offered bids at the auction sale. Chhoga Lal, whose bid was in the sum of Rs. 57,000/- was declared the highest bidder and the petitioner who was the former licensee was thus unsuccessful in obtaining the contract to run this liquor shop as hereinbefore. Half of the auction price was payable immediately on the provisional acceptance of the bid. Chhoga Lal, however, deposited Rs. 16,500/- on the 16th March 1953 and the balance of Rs. 12,000/- on the 18th March 1953 and the balance of Rs. 12,000/- on the 18th March 1953, i.e., two days after the due date, contrary to the provisions of sub-rule 8 (a) of Rule 6 of the auction rules. In spite of this the sale was eventually confirmed in his favour by the Minister of Excise.
(3.) The petitioner, when apprised of this irregularity, sent a telegram to the Collector of Excise standing that the sale should not be confirmed in favour of Chhoga Lal as he had failed in paying the price according to the rules, and expressing his willingness to take the licence on the price fetched at that auction sale. He also preferred an appeal to the Chief Commissioner against the order of the Collector allowing the deposit of Rs. 12,000/- after the due date and in not ordering a resale. His appeal and representation both were unsuccessful. He claims redress for both these grievances by means of this petition.;