JAL AKASH Vs. STATE OF U P

JUDGEMENT

(1.) -All the petitioners, who claim to be the Contractors, have filed above writ petitions, being aggrieved as the respondent No. 2-Rajya Krishi Utpadan Mandi Parishad (called 'Parishad') has been compelling them to deposit 10% of 'estimated cost of work' in question at the time of filing of 'Tender-form/ Application'. According to the petitioners there is no legal sanction or authority for imposing such condition; the Parishad is not competent to ask for such and this act of the Parishad is arbitrary and unreasonable.

(2.) ON the joint request of the learned counsel appearing for the parties, the above writ petitions (shown in the printed cause list and the Computer List), are being taken up together as they are based on similar facts and one similar issue is required to be adjudicated by this Court.

(3.) THE petitioner points out that special condition No. 1 of the impugned 'Tender notice' dated 4.4.2005 (Annexure-2 to the petition), informed that 'Tender-Form' and details of 'Terms and Conditions' of 'Tender' could be collected during working days on or before 3.5.2005 from the office of the Parishad; the said 'tender-notice' nowhere required a contractor to furnish 10% of the estimated cost of work contract as 'earnest money' ; para 18 of Schedule XIX of the Financial Hand Book Vol. V, Part I/Annexure-4 to the petition prescribes rates of 'earnest money' required to be deposited at the time of submitting tender form/application. THE rates prescribed therein are slabwise and varies from 2% to 2.5%. THE said para 18 reads : ...[VERNACULAR TEXT OMMITED]...