A. K. Yog, J. - (1.) -All the petitioners, who claim to be the Contractors, have filed above writ petitions, being aggrieved as the respondent No. 2-Rajya Krishi Utpadan Mandi Parishad (called 'Parishad') has been compelling them to deposit 10% of 'estimated cost of work' in question at the time of filing of 'Tender-form/ Application'. According to the petitioners there is no legal sanction or authority for imposing such condition; the Parishad is not competent to ask for such and this act of the Parishad is arbitrary and unreasonable.
(2.) ON the joint request of the learned counsel appearing for the parties, the above writ petitions (shown in the printed cause list and the Computer List), are being taken up together as they are based on similar facts and one similar issue is required to be adjudicated by this Court. To appreciate the controversy in hand, facts pertaining to Writ Petition No. 35771 of 2005, M/s. Jal Akash v. State of U. P. and others, alone are noted hereunder for the sake of convenience and to avoid repetition : The petitioner, who claims to be registered as 'A Class' Contractor, submitted tender application in response to notice published by Deputy Director (Construction) of the Parishad/respondent No. 4 inviting 'Tenders' for execution of certain 'works'.
(3.) THE petitioner points out that special condition No. 1 of the impugned 'Tender notice' dated 4.4.2005 (Annexure-2 to the petition), informed that 'Tender-Form' and details of 'Terms and Conditions' of 'Tender' could be collected during working days on or before 3.5.2005 from the office of the Parishad; the said 'tender-notice' nowhere required a contractor to furnish 10% of the estimated cost of work contract as 'earnest money' ; para 18 of Schedule XIX of the Financial Hand Book Vol. V, Part I/Annexure-4 to the petition prescribes rates of 'earnest money' required to be deposited at the time of submitting tender form/application. THE rates prescribed therein are slabwise and varies from 2% to 2.5%. THE said para 18 reads : ...[VERNACULAR TEXT OMMITED]... G.P.W. Form 8 of Public Works Department, U. P. Lucknow/ Annexure-5 to the petition contains same rates of earnest-money as prescribed vide Financial Hand Book (referred to above) ; the expression "'�� ?" is used in G.P.W. Form 8, P.W.D. The equivalent expression for "'�� �" in Hindi is "? ʪ�" and in English it is 'Advance-Money'; with reference to 'Tender' it refers to 'Earnest Money'; according to Clause 6 of G.P.W. Form 8, it is to be refunded in case 'Tender' is not accepted and the declaration proforma at the bottom of said form makes it clear that 'security' is to be given after Tender is accepted and Work Contract is to be signed/executed.;