S. Chandrashekhar, J. - (1.) Seeking quashing of letter dated 20.08.2014 and for a direction to the respondents for release of earnest money deposited by the petitioner for Tender Reference No. S and C13/21/NIT/2013 -14, the present writ petition has been filed. The brief facts of the case are that, pursuant to Tender Notice, the petitioner submitted his bids for two works namely, (i) Two way transportation from RH Chandil to PEG Seraikella and handling work at RH Chandil and, (ii) Two way transportation from RH Dhalbhumgarh to PEG Chakulia and handling work at RH Dhalbhumgarh.
(2.) With respect to Chandil Seraikella work, the petitioner tendered earnest money deposit of Rs. 5,80,000/ - however, the petitioner was declared unsuccessful and therefore, earnest money deposit of Rs. 5,80,000/ - was required to be refunded to the petitioner within 30 days. The petitioner was awarded work for Dhalbhumgarh -Chakulia however, due to unavoidable reasons, the petitioner could not perform the said contract and finally, vide letter dated 20.08.2014, the contract was terminated. The petitioner vide e -mails dated 05.08.2014 and 18.08.2014 requested for refund of earnest money deposited however, vide letter dated 20.08.2014, the respondents refused to refund the earnest money for Chandil Seraikella work, on the ground that the said amount is withheld till the actual loss which may incur due to nonperformance of the contract for Dhalbhumgarh -Chakulia work is ascertained. The petitioner submitted representation dated 19.09.2014 seeking refund of the earnest money for Chandil Seraikella work however, the same has not been considered by the respondents and therefore, constrained, the petitioner has approached this Court by filing the present writ petition.
(3.) Heard the learned counsel appearing for the parties.;