ORDER

1. Special leave granted. Heard learned counsel for both the parties and have also considered the terms and conditions embodied in the Tender Form in accordance with which tenders were invited from the parties to give their offers for lease of the right of the collection of the toll of ferry at Rajapur in District Banda. It also appears from the tender notice that the tenders had to be submitted by August 25, 1987 and those tenders were to be opened at 3.30 p.m. on the said date by the Superintendent of Works DCU PWD Karwi or by his authorised representative at his office of Karwi. The tender consists of two parts. Part I includes actual tender i.e. tender form and bill of quantity. It will indicate tender amount offered by the contractor (tenderer). This will be kept in a sealed envelope by the tenderer bearing his name and address indicating that it is Part I. Part II comprises among others the following conditions:

(ii) The tenderer has to submit solvency certificate of Collector. The tender will be opened of those whose status will be of more than 4 lakhs. Detailed particulars of property should be furnished in solvency certificate. The security will remain with the departm