SAMBAR RANGPI Vs. GUWAHATI MUNICIPAL CORPN

JUDGEMENT

(1.) These two writ applications raise same question of law and facts and as such they are taken up for hearing together. 1. Civil Rule No. 4299 has been filed for issue of a mandamus directing the respondents to release the earnest money of Rs. 1,88,500/ - along with interest thereof and with further prayer that the Clause Nos. 5 and 7 of the Notice Inviting Tender (Hereinafter called NTT) dt. 12.3.96 Annexure-No. 1 should be declared as illegal void unreasonable unfair and against the public conscience.

(2.) In Civil Rule No. 4326/96 the prayer has been made to release the earnest money of Rs. 85,000/- alongwith interest @ 10% and Clause No. 3 of Notice Inviting Tender (NIT), Annexure-1 should be declared as void, illegal, unreasonable, unfair and against the general public consience. Clause 3 is typing mistake, it should be Clause 5.

(3.) hi Civil Rule No. 4299 the tender notice dt. 12.3.96 was issued by the Commissioner, Guwahati Municipal Corporation, Guwahati for settlement of checkgates under the Guwahati Municipal Corporation for the year 1996-97 and that tender notice is Annexure-1 of this writ application. Clauses 5,6 and 7 which are relevant of that tender notice are quoted below: Clause 5 : "Tender once submitted cannot be withdrawn under any circumstances, if any tenderer with draws his tender whatever may be the reasons the earnest deposited with the tender will be forfeited outright. Fortifited earnest money will not be released under any circumstances." Clause : 6 "In general only highest and correct bid shall be accepted. However, the undersigned shall have the right to reject any or all tender without assigning any reason thereof." Clause : 7 " The earnest money of unsuccessful tenderers shall be released only after completion of the lease settlement with the leassee."