BHAWNA ENTERPRISES Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Respondent No. 2 for sale of Tendu leaves to be collected in the year 2007 invited lenders/bids from prospective bidders to purchase the same vide notification No. T. P. (2007)- 1 dated 6-11 -2006, inter alia, on various terms and conditions. The petitioner is a proprietorship firm constituted and established to carry on the business of sale and purchase of Tendu leaves as well as other forest products. The petitioner is registered to carry on the business of sale and purchase of Tendu leaves with the State of Chhattisgarh under the provisions of Chhattisgarh Tendu Patta (Vyapar Viniyaman) Niyamawali, 1966. Petitioner after depositing earnest money approximately Rs. 56.00 lacs submitted tender for the first round. Similarly bidders/tenderers across the the State also submitted their bids/tenders to purchase Tendu leaves. The tenders /bids submitted were opened on 12-12-2006 and the price offered by the purchasers was made public on the same date. Petitioner's bid was highest in respect of units 764, 543, 679, 756, 755, 721, 754, 716, 776, 673, 672, 542, 394, 371, 369, 368, 367, 366, 321 A, 32 IB & 323A and according to prevailing practice within the normal period he was to be declared successful for those units and thereafter necessary formalities were required to be completed, but all of a sudden respondent No. 2 vide Annexure-P/1 floated another tender notice and rejected earlier bids submitted by the petitioner and other prospective bidders.

(2.) Annexure-P/1 reads as below :

(3.) Petitioner stating various facts, alleging arbitrariness, violation of principles of natural justice, illegitimacy, unreasonable and unfairness, instituted the instant petition & M. (W.) P. No. 72 of 2007 for grant of following relief interim relief.