Hima Kohli, J.

.1. The present writ petition is filed by the petitioner praying inter alia for directions to the respondent/MCD to issue a letter of allotment and possession in favour of the petitioner in respect of property being a dormitory at AG Block, Sanjay Gandhi Transport Nagar, Delhi, measuring 650 sq. mtrs. with a building comprising of the ground floor and the first floor. The petitioner also seeks quashing of the order dated 07.12.2007 issued by the respondent cancelling the bid of the petitioner on account of its failure to honour the same in accordance with the terms and conditions of the tender dated 09.08.2005 and forfeiting the earnest money

.deposited by the petitioner by invoking Clause 9 of the tender documents.

.2. Briefly stated, the facts of the case are that the respondent/MCD floated a tender on 09.08.2005, inviting quotations for built-up properties having locations at Sanjay Gandhi Transport Nagar. The last date fixed for receiving the tender forms was 12.09.2005. The petitioner participated in the aforesaid tender by depositing 25% of the bid money amounting to Rs. 17,56,000/- alongwith the tender documents. As per the terms and conditions of the tender, the bidder was required to deposit balance 75% of the bid amount in terms of Clause 9 thereof, which is reproduced hereinbelow for ready reference:

.Clause 9: Every sealed tender will have to be deposited in the tender box kept in the office of Director, Sanjay Gandhi Transport Nagar, Badli, Delhi-110042. The tender submitted after 10:45 AM on the last date of Tender shall not be accepted in any circumstances. The time shown by the Watch of SGTN Office or the officer authorized for the purpose will be treated as final. The tenderers should reach there well before the time fixed to avoid last minute rush. The list of documents should be attached with the offer form. The details of application form will be held valid and final for the purpose of tendering and no change can be made after depositing the tenders. The tenders will not be accepted by post. As far as possible, the tenders will be opened by the Director, SGTN at 11:00 AM on the date fixed, in the office of Director, Sanjay Gandhi Transport Nagar, A Block, Badli, Delhi-42. Only tenderers or their authorized representatives will be allowed to remain present when the tenders are opened. Thereafter the Corporation in due course will consider these tenders and if any of these tenders is accepted, the acceptance offer shall be issued within the maximum time of three months. The amount of lease premium as worked out for the area of the plot reduced by the amount of earnest money deposited as required to be paid in two months from the date of issue of letter of acceptance of offer positively. However, on the written request/representation of the applicant, the Commissioner may in his absolute discretion, accept the offered amount of bid upto 3 months within @ 15% p.a. and beyond 3 months upto a maximum period of one year with interest @ 18% p.a. In case the highest offerer fails to pay the amount offered within two months of the date of offer the Commissioner may cancel the allotment in question and forfeit the earnest money deposited.

3. The petitioner was declared a successful bidder by the respondent, at Rs. 75,01,000/-, vide letter dated 02.05.2006. As per the terms and conditions contained in the tender form, the petitioner was requested to deposit the balance 75% of the bid money amounting to Rs. 56,01,000/-, within a period of three months from the date of issue of the letter, so that possession of the dormitory be handed over to the petitioner.

4. Counsel for the petitioner states that the petitioner deposited the aforesaid amount of Rs. 56,01,000/- with the respondent on 30.04.2007, by mode of a cheque, but the respondent failed to hand over possession of the dormitory and instead, issued a notice to show cause dated 14.11.2007 calling upon the petitioner to show cause as to why the