1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3620/09 M/s. Shree Ram Kishore Agrawal & Satya Narayan Agarwal vs. RIICO Date of order : 15/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Najeeb A. Khan for the petitioner. ****** Heard learned counsel for the petitioner. This writ petition has been filed challenging the order dated 9.1.2009 whereby the bid that was accepted in favour of the petitioner was cancelled upon his failure to deposit 10% of the bid amount that is Rs.6,94,065/- and the amount of earnest money deposited by the petitioner was forfeited. Learned counsel for the petitioner argued that even though on the date of auction, the petitioner was the only bidder and he offered to Rs.15,301/- per sq. mtrs but in fact he was orally assured by the auction committee that he would be conveyed later, whether or not the bid is approved and therefore the petitioner was not required to immediately deposit 10% of the bid amount. Learned counsel submitted that on 9.1.2009, the petitioner in his notice to the respondents demanded such information but so far he has not been conveyed the decision on his bid and therefore the respondents should refund the earnest money. Perusal of the notice submitted by the 2 petitioner does not reflect that petitioner has expressed his willingness to deposit the bid amount. The impugned order clearly show that the petitioner failed to deposit 10% of the bid amount as per the terms of the notice inviting tender. Learned counsel for the petitioner has not been able to persuade this Court to believe into his submissions with regard to the so called oral assurance especially when the petitioner was the only bidder and despite acceptance, he failed to deposit the 10% bid amount. Such a contentious issue cannot be entertained in the writ petition, appropriate remedy could be to file the civil suit. I do not find any merit in this writ petition. The writ petition is dismissed with the aforesaid observations. (MOHAMMAD RAFIQ), J. RS/