HORNBILL CONSULTANTS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The civil writ petition filed by the appellant - M/s. Hornbill Consultants to enforce the right to carry on mining operations and, in the alternative, refund the amount paid, has been dismissed vide the impugned judgment, with liberty to the appellant to file a suit or take any other appropriate action for recovery of the amounts, in spite of the fact that the Division Bench of the Punjab and Haryana High Court has recorded as under:

(3.) The appellant, pursuant to the E-auction Notice dtd. 13/6/2017, had submitted the highest bid of Rs.1,85,12,512.00 for a mining lease of the Rurewal Mines, District Amritsar, Punjab, held on 5/7/2017. This bid was accepted by respondent no.2 - Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab(For short, 'Directorate of Mining'.), vide letter dtd. 6/7/2017, written to General Manager-cum-Mining Officer, District Industries Centre, Amritsar, Punjab, with a copy to the appellant for information and necessary action. The appellant had deposited Rs.31,40,634.00 as earnest money at the time of participating in the auction on 5/7/2017. As per condition nos. 24 and 25 of the E-auction Notice dtd. 13/6/2017, the appellant was required to deposit security at the rate of 25% of the annual contract amount within two days of the acceptance of the bid, failing which the earnest money was to be forfeited. There was also a stipulation that the appellant would be barred from taking part in bids for three years. On account of bank holidays, the last date of payment, which had to be made by e-transfer to the bank account of the respondents, was 10/7/2017.