JUDGMENT :

1. Heard Mr. D.A. Kaiyum, learned counsel for the petitioner as well as Mr. S. Dutta, learned Standing Counsel, P&RD Department.

2. The petitioner’s case is that the petitioner took part in the tender process for settlement of the Balisatra Bi-Weekly Market for the year 2021-22 vide NIT dated 10.05.2021. The highest bidder withdrew his tender. The petitioner, who was the second highest bidder, was issued a letter dated 26.07.2021, directing him to submit the remaining documents in terms of Clause 10 of the tender notice within 3 days, as he had not submitted the required documents along with his quotation, in terms of Clause 10 of the NIT. Thus, the petitioner was to submit his documents (except Court fee and earnest money) within 3(three) days, as the market was to be settled with the petitioner in terms of Clause 10 of the NIT.

3. Clause 7 and Clause 10 of the NIT are re-produced hereinbelow as follows :

“7. It is mandatory to submit the required court fee and earnest money by the tenderer with tender. No tenderer shall be allowed to withdraw tender after submission of tender. On that occasion, or if any tenderer refuse to accept lease, their earnest money will be forfeite