- (1.) The present writ petition has been filed by the petitioner with the following prayer:- (i) Issue an appropriate writ, order or direction and after calling for and examining the record of the case, the failure of the respondents in not deciding the matter of award of Contract for collection of Royalty and Permit Fee on Mineral Bajri in Dholpur district in terms of order dated 04.06.2004 passed by this Hon'ble Court be declared to be illegal, arbitrary, unreasonable and unjustified. (ii) Issue an appropriate writ order or direction directing the respondents to award the Contract for collection of Royalty and Permit Fee on Mineral Bajri in Dholpur district in favour of the petitioner forthwith; (iii) issue an appropriate writ, order or direction directing the State Government to fix responsibility for the loss caused to the State Exchequer in the matter of collection of Royalty and Permit Fee on Mineral Bajri in Dholpur district departmentally and amount of loss suffered by the State Exchequer, being the difference between the amount offered by the petitioner and the amount of royalty collected by the department, from the officers concerned who are found responsible for such loss. (iv) Issue an appropriate writ, order or direction quashing all orders and actions which may be taken by the respondents to the prejudice of the petitioner and which have the effect of rejecting the bid made by the petitioner at any time during the pendency of the writ petition and for this purpose, the petitioner be allowed to place any adverse order on record; (v) Without prejudice to the foregoing and in the alternative, the respondents be directed to refund the amount of earnest money of Rs.17.50 lakhs deposited by the petitioner at the time of submission of tender on 16.01.2004 alongwith interest @18% p.a. from the date of deposit till the date of actual payment. (vi) issue any other appropriate writ, order or direction as may be deemed just and proper in the facts and circumstances of the case in favour of the humble petitioner. (vii) Cost of the petition be kindly allowed in favour of the petitioner."
(2.) However, in view of the subsequent development, the petitioner confined the writ petition for refund of earnest money deposited by him on 16.01.2014.
(3.) During the course of hearing on 24 th March, 2005 an order was passed by this court, which reads as under:- "Whether any amount of interest is payable to the petitioner or not on the amount of earnest money deposited by him, is a question to be considered at time of final disposal of the writ petition, but it is unambiguously clear that the principal amount of Rs.17.5 lacs which had been deposited towards earnest money and is lying in the custody of the respondents has to be refunded without fail. The respondent are therefore direction to refund the amount of Rs.17.5 lacs to the petitioner expeditiously but not later than 30th March, 2005 as 31st March is the closure of the financial year. The question as to whether interest is payable on the amount, will be considered at the final stage of the writ petition. The writ petition therefore, be listed for final disposal in the second week of April, 2005 as request.";