Narendra Kumar Jain -I, J. - (1.) HEARD the learned counsel for the parties.
(2.) APPELLANTS have preferred this intra -Court appeal against the order dt. 06.07.2011 passed by learned Single Bench, whereby S.B.Civil Writ Petition No.6445/2011 filed by petitioner/respondent was disposed off with a direction to the appellants/respondents to refund the amount of earnest money amounting to Rs. 1.69 crores within four weeks. Briefly stated the facts of the case are that petitioner/respondent filed a writ petition before learned Single Bench with a prayer that impugned order dt. 05.05.2011 passed by respondent No.3 be quashed and set aside and respondents be directed to execute the contract in pursuance of tender notification dt. 07.02.2011 or in alternate to refund the amount of forfeiture security deposit Rs. 1.69 crores to petitioner.
(3.) DURING the pendency of the writ petition, the petitioner filed an application for amendment in the writ petition, whereby he incorporated para 7(a), ground No.(H) and prayer No.(iv). The application was allowed along with final disposal of the writ petition vide order dt. 06.07.2011, which is impugned in this special appeal. As per amended prayer No.(iv), the petitioner also made a prayer to quash and set aside the order dt. 03.05.2011.;