MAHENDRA SINGH CHOUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions under Articles 226 and 227 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:

(2.) Brief facts of this case, as noticed by this Court, are that the respondent invited tenders for toll collection for a period of 24 months on Dabok-Mawli-Kapasan-Chittorgarh Road (State Highway-9) at Km.2/800 and Km.79/500. The petitioner came out to be the highest bidder having given the rate of Rs.3711.00 lakhs.

(3.) The agreement between the petitioner and the respondent has been executed, and thereafter, the work order has been issued to the petitioner on 12.12.2017. In pursuance of the said work order, the petitioner has executed a bank guarantee as a performance security and also gave 5% security money of the bidding price. The petitioner has also submitted a bank guarantee to the tune of Rs.5,56,65,000/- and the security of the bidding amount was Rs.1,85,55,000/-. The petitioner also submitted 24 postdated cheques for advance monthly installments for the contract period. Further, the petitioner was to pay the bid amount in 24 monthly advance installments and 5% of the performance security was to be realized in 24 installments.