KHARTA RAM CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the order of the learned Single Judge dated 3.7.1991 dismissing the writ petition in limine and relegating the petitioner to the remedy of suit being a contractual matter.

(2.) THE brief facts giving rise to the instant special appeal are that the respondent Superintending Engineer, Circle -1. P.W.D., Jodhpur invited tenders inter alia for the improvement of horizontal profile, widening and, strengthening to Jodhpur -Pokaran Road Km. 102/0 to 123/0 by tender notice dated 3.6.1989. The petitioner who is registered as 'A' class Contractor, gave tender for the work and quoted his rate at 41.42% above the 'G' Schedule of rates. The tender was opened on 19.7.1989. None of the tender was accepted and 2.11.1989 was fixed for negotiation. During negotiation, the petitioner quoted his rate at 36.99% above the 'G' Schedule rates. However, the rate did not carry through. The petitioner quoted fresh rate at 32% above the 'G' Schedule rates with specific condition of giving 24 months for the completion of work and the another for escalation of price. The negotiations were not finalised. The second respondent Chief Engineer (Roads -II) sent a telegram dated 29.12.1989 informing the petitioner to extend the validity of offer for further period of one month. The said telegram dated 29.12.1989 is placed on the record as Annexure -5. There wee some more communications between the parties. Suffices it to say, that petitioner extended the validity of tender upto 31.3.1990 under communication dated 1.3.1990.

(3.) THE Division Bench of this Court while admitting the special appeal by order dated 10.1.1992 stayed the operation of the order dated 13.12.1991 (Annexure -S/1). During the pendency of appeal, the respondents filed a reply supported by the affidavit of S.M. Bohra, Executive Engineer and Technical Assistant, P.W.D. Circle -III, Jodhpur with respect to the acceptance of the tender within the validity period i.e. upto 31.3.1990. It is averred that the same was accepted within the stipulated period by telegram (Annex. R -3) dated 31.3.1990. Said telegram has been placed on record which reads as follows: