PUSHPENDRA SINGH BHATI,J. - (1.) These writ petitions under Articles 226 and 227 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs: "It is, therefore most humbly and respectfully prayed that record of the may kindly be called for and after examining the same this Hon'ble Court by an appropriate writ, order or direction direct quash and set aside the order dated 10.12.2018 (Ann.18). It is further prayed that a declaration may kindly be made that if the state takes any position in the mid of contract then the new conditions can only be imposed with mutual understanding. A declaration may kindly be made that the earlier contract is having no effect ongoing contract. Any other order or direction which this Hon'ble Court thinks fit in the interest of justice may kindly be passed in favour of the petitioner."
(2.) Brief facts of this case, as noticed by this Court, are that the respondent invited tenders for toll collection for a period of 24 months on Dabok-Mawli-Kapasan-Chittorgarh Road (State Highway-9) at Km.2/800 and Km.79/500. The petitioner came out to be the highest bidder having given the rate of Rs.3711.00 lakhs.
(3.) The agreement between the petitioner and the respondent has been executed, and thereafter, the work order has been issued to the petitioner on 12.12.2017. In pursuance of the said work order, the petitioner has executed a bank guarantee as a performance security and also gave 5% security money of the bidding price. The petitioner has also submitted a bank guarantee to the tune of Rs.5,56,65,000/- and the security of the bidding amount was Rs.1,85,55,000/-. The petitioner also submitted 24 postdated cheques for advance monthly installments for the contract period. Further, the petitioner was to pay the bid amount in 24 monthly advance installments and 5% of the performance security was to be realized in 24 installments.;