JUDGMENT :

1. Since all these three writ petitions involve identical issue, therefore, they are being decided together by this common order.

2. For the sake of convenience, facts of S.B.Civil Writ Petition No.3681/2002 are being taken.

3. The petitioner submitted its bid in response to the NIT No.CE-03/2021-22 issued by the respondent No.2 for construction of Gajuwas Minor from 0.00 km. to 22.980 km. including structures. The bid of the petitioner was accepted and contract was awarded to the petitioner. Acceptance letter was issued on 30.09.2021.

4. As per the petitioner, it started the work on 10.10.2021. It is the case of the petitioner that when the contract for execution of work was being signed by the petitioner with the respondent department, it noticed that two conditions are added in the contract, though there was no mention in the NIT about them. The two said conditions are 7.24 and 7.25, which are reproduced hereunder:

“7.24 VEHICLE FOR INSPECTION OF WORK AND CANAL

The works shall have to be monitored by frequent inspections and also inspection of source canal from where water supply for the works shall be monitored hence the bidder will provide one new A.C Bolero 4X4 model along with driver and POL for inspection purpose throughout the execution period at no extra cost to the Department, the cost of inspection vehicle, driver and POL shall be borne by the contractor, non compliance will attract a penalty of Rs 3000/-per day.

7.25 RENOVATION OF ESTABLISHMENTS RELATED TO THE WORK

This is a very important work which has been taken up as per Chief Minister’s Budget announcement of 2019-20, timely completion of work is of prime importance. For effective monitoring of the works of CM announcement, works monitoring cell shall be established by the contractor in Division office at Taranagar. The Division office and sub division office shall be renovated like the old flooring shall be replaced by kota stone and vitrified tiles, walls shall be painted after repair of plaster and applying wall putty with approved washable distemper, the old electricity and sanitary fitting shall be removed and new fitting done using standard make material. The contractor shall provide Four nos. latest specifications computers (all in one) with UPS, one multifunctional printer and three laser printers, all of standard make for the monitoring cell along with two desert coolers and one water cooler with RO. Office Tables 4 nos of standard make, one office chair, visitor chairs 25 nos, 10 nos, 5 shelves slotted angle Rack of standard make. All the above activities shall be carried out by the contractor at his own cost and material provided for cell as mentioned above shall be the property of the department after completion of the work. All these activities shall be immediately started and must be completed within three months otherwise, penalty of Rs 5000/-per day shall be imposed on the contractor.”

5. It is the case of the petitioner that when the above referred two conditions are not part of the NIT, the action of the respondents of pressurising the petitioner to agree with them is absolutely illegal. The petitioner has, therefore, prayed that the writ petition may kindly be allowed with costs and appropriate writ, order or direction be issued to the effect that the condition of demand of new AC Bolero 4x4 vehicle and condition of renovation of establishments relating to the work free of cost may kindly be declared illegal and be deleted from special conditions of contract.

6. Reply to the writ petition is filed on behalf of the respondents, wherein preliminary objection regarding availability of remedy of statutory appeal is raised. It is averred in the reply that the petitioner is having an alternative remedy of filing a statutory appeal under Section 38 of Rajasthan Transparency Public Procurement Act, 2012. (hereinafter to be referred as ‘the Act of 2012’).

7. It is also averred in the reply to the writ petition that the condition Nos.7.24 and 7.25 a