These two writ applications raise same question of law and facts and as

such they are taken up for hearing together.

2. Civil Rule No.4299 has filed for issue of a Mandamus directing the respondents to release the earnest money of Rs.1,88,500/- along with interest thereof and with further prayer that the clause Nos 5 and 7 of the Notice Inviting Tender (herein after called NIT) dated 12.3.96 Annexure No.l should be declared as illegal, void, unreasonable, unfair and against the public conscience.

2. In Civil Rule No.4326 of 1996 the prayer has been made to release the earnest money of Rs. 85,0007- along with interest 10% and clause No.3 of Notice Inviting Tender (NIT), Annexure 1 should be declared as void, illegal, unreasonable, unfair and against the general public conscience. Clause 3 is typing mistake, it should be clause 5.

3. In Civil Rule No.4299 the tender notice dated 12.3.96 was issued by the Commissioner, Guwahati Municipal Corporation, Guwahati for settlement of check gates under the Guwahati Municipal Corporation for the year 1996-97 and that tender notice is Annexure 1 of this writ application. Clauses 5,6 and 7 which are relevant of that tender notice are quoted below:

“C

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