(1.) PRESENT petition is filed assailing the order dated 2nd June, 2010, annexure No. 4 to the writ petition, as well as seeking writ of mandamus commanding the respondents to refund the amount deposited by the petitioner towards 25% of bid amount and earnest money with interest @ 18% from the date of deposit till the date of actual payment.
(2.) BRIEF facts of the present case, inter alia, are that auction notice was issued on 4th December, 2009, inviting bids for grant of contract to collect vehicle entry fee on commercial vehicles entering the Cantonment area via Landhaura -Brigade Road; auction notice clearly stipulates that all interested bidders can obtain detailed terms and conditions between 16th December, 2009 to 5th January, 2010 and auction shall take place on 6th January, 2010 at 3:00 p.m. at the Office of Cantonment Board, Roorkee. Petitioner was declared highest bidder of Rs.82,10,000/ - and petitioner deposited 25% of the bid amount with the Cantonment Board then and their.
(3.) ON 18.03.2010, copy of the proposed agreement was sent to the petitioner for his approval within 15 days from 18.03.2010. Having received copy of the proposed agreement, vide letter dated 18.03.2010, petitioner sent his reply on 23.02.2010 informing the respondents that since 90% of the Kumbh Mela, 2010 is over, therefore, petitioner should be granted concession to deposit only 5% of the security and should also be permitted to deposit amount of Theka in weekly installments. On 27.04.2010, petitioner has informed respondent No. 2 that since Kumbh Mela, 2010 is over and till day, approval has not been granted to the Theka, therefore, petitioner is no more interested in Theka and money deposited by the petitioner should be refunded to the petitioner. Respondent No. 2 has sent letter dated 02.06.2010 informing the petitioner that Cantonment Board, vide Resolution dated 19.05.2010, was pleased to accord approval on the bid of the petitioner, therefore, petitioner should visit the Officer of respondent No. 2 alongwith Rs.100/ - stamp paper for the purpose of execution of the agreement and to deposit the balance 75% of the bid amount within 15 days of the receipt of this letter failing which the amount already deposited by the petitioner shall stand forfeited. Feeling aggrieved, petitioner has approached this Court.