1. The Shillong Municipal Board (hereinafter referred to as "the Board") issued Notice Inviting Tender (in short "NIT") dated 20.02.2003, for collection of toll gates/parking fees in respect of Mawiong Toll Gate and 3rd Mile Toll Gate for a period of one year from the date of issue of the work order(s). The minimum tender in respect of Mawiong Toll Gate being Rupees 65 lakhs and in respect of 3rd Mile Toll Gate being Rupees 10 lakhs. The respondent nos. 2 and 4, namely, Shri Latiplang Kharkongor and Shri Manbha Rani submitted their tenders along with four others for the 3rd Mile Toll Gate. The remaining respondents were tenderers in respect of Mawiong Toll Gate. In the NIT dated 20.02.2003, aforementioned, one of the conditions was that the earnest money of 10% of 65 lakhs and 10% of 10 lakhs for Mawiong Toll Gate and 3rd Mile Toll Gate respectively must be deposited by the tenderer. The respondents herein submitted the requisite earnest money along with their respective tender papers. The NIT aforementioned also specified that withdrawal of the tender shall cause forfeiture of earnest money. Before the tenders of the respondents herein could be accepted by the Board, all t