JUDGMENT 1. - To us it appears that the interest of the Government revenue has not been looked after and has been adversely affected. The dispute relates to the cycle stand at the place adjecent to the Gate of out door block and the open place in between water but and temple and in front of Emergency (for short, at the Main Gate) of the SMS Hospital Jaipur. It is not disputed that there are four cycle/scooter stands at SMS Hospital Jaipur. One of the cycle stands is near the main gate. It has been the practice of the Superintendent of SMS Hospital Jaipur to give yearly contract for various cycle-stands and it appears that earlier the contract was in the name of one Dinesh Chand Sharma for a sum more than Rs. 1 lac. That contract came to an end on January 31, 1988 and a public auction inviting the bids was held some time in the month of February, 1988 and the highest bid was of Rs. 2,40 000/- for the period from February 1988 to January 1989. The highest bidder did net deposit the requisite amount and after forfeiting the earnest money paid by him nothing was done for a few months and it was only on April 30, 108 that for a public auction to be held on May 23, 1988, a notice was issued. The salient terms and conditions of the aforesaid notice were as under : "That the successful bidder shall deposit 33% of the amount of final bid as a Security Money immediately after the bid is over in any of the following forms : (a) Fixed Deposit receipts of any of the Scheduled Bank of India, (b) Cash or through Treasury Challan, (c) Securities as narrated in rule 419 of GF & AR. The successful bidders shall deposit the amount of contract in 4 quarterly instalments in advance as under : 1st Instalment Every day after the close of auction 2nd " On 1st September 3rd " On 1st December 4th " On 1st March The contractor shall collect the following charges from the public for cycles, motor cycles and scooters etc. Kind of Conveyance Charges per Visit Charges for 24 hours for frequent visits. 1. Cycle .50 paise Rs. 1.00 2. Scooter/Moped/Motor Cycle 1 Rs. 1.50 2. Besides the above terms and conditions, the contractor was to collect Rs. Kind of Conveyance Charges per Visit Charges for 24 hours for frequent visits. 1. Cycle .50 paise Rs. 1.00 2. Scooter/Moped/Motor Cycle 1 Rs. 1.50 2. Besides the above terms and conditions, the contractor was to collect Rs. 2/- per month from Staff members and issue a separate monthly token to each member as prescribed by Medical Superintendent. 3. It appears that in the public auction which was held on May 23, 1988 the highest bid of Rs. 2,30,00 /- was of Vinod Kumar, the second bid of Rs. 29,000/- was of Krishna Kumar and the third bid of Rs. 2,20.000/- was of Khalid Khan. The case of the petitioner is that so far as first and second bidders are concerted, they did not deposit 33% of the amount of final bid as their security money. According to the petitioner on their failure the third bidder Khalid Khan offered to deposit the 33% amount of his bid, but the same was not accepted According to the petitioner because surreptiously and in order to favour respordtnt No. 3 Hakim Tak, the contract was given to him in the month of February, 1988 itself at the rate of Rs. 10,500/- p.m. in The petitioner also gave an application Annr. 3 to the respondent No. 3 (Sic 2) Medical Superintendent on June 14, 1988 that he was willing to pay Rs. 18,500/ p. m. as contract money, for the main gate cycle stand. This letter was acknowledged by the respondent No.2 on July 14, 1988 vide Annr. R/2 wherein also it was intimated to the petitioner that he can be allowed to take the contract at the rate of Rs. 18.50/- p.m if he was willing to run the contract on previous rate i.e. 20 paise for cycles and 50 paise for scooter, which was a term against the notice dated April 30, 1988. 4. Notice of this petition was given and reply has been filed on behalf of the Superintendent SMS Hospital as well as on behalf of the respondent No. 3. 4. Notice of this petition was given and reply has been filed on behalf of the Superintendent SMS Hospital as well as on behalf of the respondent No. 3. So far as the Superintendent SMS Hospital is concerned his case is that because the previous contract ended on January 31, 1988 and ad hoc arrangement was made for running the cycle stand on the terms and conditions of the list year contract and the contract was not given to the existing contractor as there were serious complaints of misconduct and of criminal activities against him. The ad hoc contract was given to respondent No. 3 on specific conditions that he will be governed by the terms and conditions of the old contract and will continue till the new contract as per public auction are finalised. 5. From the above facts and the fact that though the respondent No. 3 was not earlier contract or and he was chosen and the cycle, stand was given to him for the reasons not known to us at contract money of Rs. 10,500/- pm and the matter would have been different if the earlier contractor would have been allowed to continue or if the new contract was to be given it, was to be notified to all, it appears that the interest of the Government revenue has not been looked after. Thus giving the contract to the respondent No. 3 cannot be allowed to stand. We may state that when the petitioner offered Rs. 19,500/- p m. on the terms and conditions mentioned in the notice dated April 30, 1988 the amount being much snore than on which the contract was given to the respondent No. 3, the offer of the petitioner should have been accepted in the interest of Government revenue but it was only in the month of July 1988 that the petitioner was intimated that he can be allowed to take the contract at the contract money of Rs. 18,500/- p.m on the terms and conditions on which the contract was given upto January 31, 1988. It was not proper. Again, even this letter had been written to the petitioner on July 14, 1986 after this writ petition was filed, it may be that the notice of this writ petition might have been received by the non-petitioners later on. 6. It was not proper. Again, even this letter had been written to the petitioner on July 14, 1986 after this writ petition was filed, it may be that the notice of this writ petition might have been received by the non-petitioners later on. 6. We may state that the petitioner has offered to take the contract of the main gate cycle stand for one year at Rs. 2,20,000/- and to show his bona fides that he is willing to take the contract he shall pay Rs. 18,500/- when the offers are taken from the prospective bidders. It may also be stated that a token has been shown to use by the learned counsel for the petitioner that the respondent No. 3 in fact is charging Rs. 1 /- per scooter and 50 P for per cycle. 7. Consequently, we allow this writ petition, quash the order/orders of the Superintendent, SMS Hospital Jaipur, giving the cycle stand on monthly basis of Rs. 10,500/- p.m to the respondent No. 3. We further direct the Superintendent. SMS Hospital Jaipur to issue a notice fixing a date for public auction for giving the contract of the cycle stand at the main gate of the Hospital. This exercise should be completed within one month from today. The bids shall start from Rs. 2,20,000/-. The petitioner shall pay Rs. 18,400/- to show his bona fides at the time of auction. If the bid of the petitioner is highest i. e Rs. 2,20.000/- then the contract shall be given to him for one year or else it will be given to any other person whose bid is higher than that of the petitioner. If any one fails to pay 33% an amount of bid offered by him at the spot, it will be given to the petitioner at Rs. 2,20,000/- and the petitioner shall furnish the balance of the amount of 33% of the hid in terms of the notice dated April 30, 1988 As the petitioner under took to pay Rs. 18,500/- for one month, the period during which the matter as aforesaid is to be finalised, we direct the Medical Superintendent, SMS Hospital Jaipur to give the contract to the petitioner on ad hoc basis at Rs. 18,500/- with effect from September 5, 1989 on his depositing Rs. 18,500/-. 18,500/- for one month, the period during which the matter as aforesaid is to be finalised, we direct the Medical Superintendent, SMS Hospital Jaipur to give the contract to the petitioner on ad hoc basis at Rs. 18,500/- with effect from September 5, 1989 on his depositing Rs. 18,500/-. If the amount is not deposited for one mouth as aforesaid, till the matter is finalised, the Superintendent SMS Hospital shall be free to make ad hoc arrangement. Costs made easy.Petition allowed. *******