HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 22048 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Sri V.K. Dixit, learned Additional Chief Standing Counsel for the respondents. 2. The petitioner being aggrieved by impugned order dated 04.06.2025 imposing additional performance guarantee passed by the respondent No.2-Superintending Engineer, Varanasi Circle, P.W.D., Varanasi, has approached this Court. 3. The petitioner has been awarded contract as the petitioner was lowest bidder and bid of the petitioner was Rs.7,25,80,419.28/- for construction of the road. It is submitted by learned counsel for the petitioner that the bid was accepted for Rs.7,25,80,419.28/- but the respondents without any reason have reduced the amount of bid to Rs.7,19,28,243.64/-. Thus, the bid has been reduced by Rs.6,52,175.64/-. He further submits that he does not dispute the fact that the respondent-authority has power to impose the additional performance guarantee but it has to be calculated as per the Government Order dated 09.08.2024, copy of which is enclosed as Annexure No.7 to the writ petition and since the basis of determination of additional performance guarantee given and excess additional performance guarantee is being charged, therefore, the impugned order imposing the additional performance guarantee cannot be sustained in law. 4. Be that as it may, considering the nature of the order to be passed in the Versus Counsel for Petitioner(s) : Sandeep Kumar Dubey, Vinod Kumar Upadhyay Counsel for Respondent(s) : C.S.C. M/S Hazrat Ali .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) writ petition, we do not propose to call for the counter affidavit from the respondents. 5. The question as to whether the respondents can reduce the amount of the bid can very well be looked into by the respondent authority. Further, the question as to what is the basis of calculating the additional performance guarantee is also a question of fact as it is the authority concerned who can explain as to what is the formula he has applied for calculating the additional performance guarantee. 6. In such view of the fact, we permit the petitioner to file a detailed representation ventilating all his grievances before the respondent No.2- Superintending Engineer, Varanasi Circle, P.W.D., Varanasi in respect to reduction of bid amount and wrong calculation of additional performance guarantee within a period of three weeks from today. In case any such representation is filed, the respondent No.2 shall consider and decide the same strictly in accordance with law within a period of one month thereafter. 7. It is expected that till the representation of the petitioner is decided, the respondents would not award the contract to any third party. 8. The writ petition is disposed off subject to observations made above. September 23, 2025 SS WRIC No. 22048 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad