M. M. DAS, J.

( 1 ) THOUGH the writ petition was listed for admission, as pleadings are complete, with consent of the learned counsel for the parties, the same is taken up for disposal.

( 2 ) THE petitioner in this writ petition prays for quashing the order dated 26-8-2002 under annexure - 12, by which the agreement executed between the petitioner and the Government of Orissa has been terminated. It has been further prayed by the petitioner for issuance of a direction to the opp. party No. 2 to refund the security deposit made by the petitioner.

( 3 ) IN order to resolve the dispute between the parties, it would be necessary to state the facts in brief. A tender notice for supply of animal feed for the year 2002-03 was published by the director, Nandankanan Zoological Park, mayur Bhawan, Sahid Nagar, Bhubaneswar opp. party No. 2. The petitioner who was one of the bidders having quoted the lowest price, his offer was accepted under the letter dated 19-3-2002 (Annexure-1) and he was asked to make a security deposit of Rs. 2,12,931/-and to execute the agreement. The petitioner deposited a sum of Rs. 1,20,000/-in shape of a cheque towards part of the security deposit and was issued