KRISHNAVENI CONSTRUCTIONS Vs. EXECUTIVE ENGINEER PANCHAYAT RAJ DARSI

JUDGEMENT

(1.) The petitioner in this writ petition challenges the letter issued by the 1st respondent on 15-7-1993, by which the 1st respondent forfeited and recovered a sum of Rs. 1,12,800.00 of the petitioner-firm, which had been deposited by it as earnest money with the 5th respondent-Bank. The petitioner also prays for the refund of Rupees 1,12,800/- with interest.

(2.) In answer to the tender notice issued by the 1st respondent on 1-2-1993, the petitioner-firm submitted its tender on 17-3-1993 for construction of a summer storage tank at Darsi, a segment of Comprehensive Protected Water Supply Scheme to Kanigiri and 18 other villages. The estimated value of the summer storage tank was Rs. 80,00,000.00. The petitioner-firm, along with its tender, deposited a term deposit receipt No. 372206 for Rs. 1,12,800.00 towards the earnest money deposit. In presence of the partner of the petitioner-firm the tender was opened at 4.15 p.m. The tender of the petitioner-firm was the lowest. The petitioner-firm at about 6.30 p.m., submitted a letter to the 1st respondent requesting therein not to consider its tender on the ground that it was misguided by the standard schedule of rates and the statement itself was not clear.

(3.) The relevant clause of tender reads as follows: