JUDGMENT :

1. These are two appeals preferred by the Rajasthan State Industrial Development and Investment Corporation Ltd. (for short, 'RIICO'). D.B. Special Appeal Writ No.833/2018 is preferred against the order dated 22.02.2018 passed by the learned Single Judge whereby, the writ petition has been disposed of in favour of the respondent/writ petitioner, while D.B. Civil Special Appeal Writ No.726/2019 has been preferred assailing the order passed by the learned Single Judge dated 22.02.2019 whereby, the review petition was disposed of correcting the statement of fact in its earlier order dated 22.02.2018 and last two paras of the judgment were corrected and the direction of payment of interest on the delayed amount was recalled while maintaining the rest of the order. In order to understand the controversy involved, it would be apposite to notice some of the facts which have been carved out from the arguments advanced before the Court, as under:

Facts of the case

2. An invitation of bid was advertised by the RIICO for allotment of 13 acres undeveloped land situated in Akera Doongar, Tehsil Amer, District Jaipur on 22.03.2001. The land was to be allotted for industrial and non-industrial purposes. The highest bid received for industrial purpose was of Rs.1,14,000/- per acre and Rs.1,30,500/- per acre for non-industrial purposes. The RIICO having found the bids as deficient against the market price, decided to issue a fresh bid invitation notice on 31.03.2001 with a clause that those who have already deposited the security amount would be eligible to participate for price higher than the earlier highest bids. The writ petitioner-firm deposited earnest money of Rs.2,00,000/- and proposed a bid for Rs.4,26,000/-. It may be noticed that the reserve price was fixed as 1,14,000/- per acre for industrial use and 1,30,500/- for non-industrial use. The highest bid of the petitioner was for Rs.4,26,000/- per acre for non- industrial purposes. The writ petitioner also deposited the earnest money of Rs.2,00,000/- on 07.04.2001. In spite of the highest bid, the RIICO did not accept the bid and did not issue the allotment letter to the writ petitioner-firm and a fresh tender notice was issued on 24.04.2001 for non-industrial purposes with a reserve price of Rs.4,26,000/- per acre. The RIICO again changed the tender condition. Aggrieved thereto, the writ petitioner-firm filed a civil suit before the Additional Civil Judge (Senior Division), challenging the approach in inviting fresh tender and not finalizing the writ petitioner's tender. The Trial Court issued a temporary injunction on 19.05.2001, restraining the respondents from proceeding with fresh tender notice dated 24.04.2001. The appellant-Corporation vide its decision dated 30.5.2001 decided not to file any appeal against the order dated 19.05.2001 and on 13.06.2001, the RIICO accepted the bid of the writ petitioner-firm and directed the writ petitioner-firm to deposit 25% of the total amount along with security deposit of Rs.55,380/- within 24 hours. The writ petitioner deposited the DD on 14.06.2001. Rest of the amount of Rs.41,96,960 was deposited on 31.08.2001 and 03.09.2001. The land was demarcated by the Patwari on 03.10.2001 and the RIICO was requested to execute the lease deed vide letter dated 21.11.2001 in favour of the writ petitioner, a reminder was also issued on 18.12.2001 and 14.10.2002.

3. The writ petitioner was informed about the decision of the Committee constituted by the Corporation vide letter dated 04.07.2003, and decided not to issue the lease deed until the civil suit attains finality. Thereafter, on 29.07.2004, the learned Trial Court decreed the suit in favour of the petitioner-firm and directed the appellant herein to execute the lease deed. First appeal was preferred before the ADJ No.6, Jaipur City. On 09.08.2005, the first appeal was allowed in favour of the appellant, whereafter the petitioner-firm filed the second appeal before the High Court assailing