- (1.) THE Superintending Engineer, Ban Sagar Nahar Nigam Mandal-1, Mirzapur-respondent No. 3 published an advertisement inviting tenders for construction of certain works within his jurisdiction. THE petitioner is stated to have submitted a tender in response thereto along with earnest money of 12, 00, 000/- (Twelve Lacs) in form of fixed deposit receipt in favour of respondent No. 3. THE tender so submitted by the petitioner was found to be lowest and was therefore accepted. Accordingly, vide letter dated 3. 10. 1997 petitioner was informed to deposit the necessary security money within fifteen days as well as to execute the necessary deed in respect of the contract so settled in his favour.
(2.) ON receipt of the said letter, the petitioner vide his letter dated 14. 10. 1997 forwarded a reply stating therein that the terms and conditions as were earlier notified along with the tender document have since been altered qua grant of advance to the extent of 5% of the total contract money, because of such change of condition, the petitioner insisted that there should be a corresponding increase in the total bid money by 19% and it is only then that the petitioner would be able to perform his part to the contract. The respondent authorities, however, refused to accept the condition of increase of the bid money by 19% vide letter dated 20th October, 1997 informing the petitioner that since he has not deposited the security money and has not complied with the conditions mentioned in the tender document, he may show cause as to why earnest money of Rs. 12, 00, 000/- (Twelve Lacs) be not forfeited. The petitioner by means of his letter dated 24. 10. 1997 again reiterated his demand of increase of the contract money by 19% and in alternative for release of the earnest money.
(3.) IT appears that therefore a fresh notice was published by the Superintending Engineer in respect of the same works and the contract was settled with another contractor for a sum of Rs. 4, 54, 00, 000/- (Four Crores and Fifty Four Lacs) and odds. At this stage of the proceedings, the petitioner filed a writ petition before this Court, being Writ Petition No. 11672 of 1999, claiming refund of the earnest money, which was deposited by him along with his tender. The writ petition was disposed of vide order dated 23. 3. 1999 with liberty to the petitioner to file a representation and the said representation was directed to be decided by the authority concerned with the time specified in the order.;