SIDDIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the petitioner and the Counsel appearing on behalf of the Mines Dep ment.

(2.) The petitioner is aggrieved by the order dated 17.08.2007 passed by the Commissioner of Mines, Bihar, Patna in Revision Case No. 08 of 2007 (Annexure-6). By the impugned order, the earnest money deposited by the petitioner being the second highest bidder has been confiscated, in addition to 2 per cent security amount of the bid amount.

(3.) Learned Counsel for the petitioner submits that the notification of the State Government in compliance with Annexure-1 has been issued. Clause 6 (ii) of the Notification indicates that the earnest money of the highest bidder would be confiscated, in case he does not fulfill the conditions as required under the Bid. It is pointed out that Clause 6 (ii) was later amended in the year 2009. The amendment states as follows:-