AMIT KHAMPARIYA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As common questions of law and facts are involved in these three writ petitions, they were heard together and are being disposed of by this common order.

(2.) In WP No.7699/2015 the petitioner calls in question action of the respondents in finalizing the e -auction undertaken for grant of sand quarry lease in Budhani -02 [SMC0053). In WP No.11199/2015 challenge is made to grant of quarry lease in Budhani -03 [SM0054], and in WP No.16119/2015 challenge is made to grant of sand quarry lease in Nasrullaganj -I District Sehore.

(3.) As far as Budhani -02 sand quarry and Chandiya [SMC0089] sand quarry are concerned, challenge to these are also made in WP No.7699/2015, it is a case of the petitioner that reserved price for these sand quarries was fixed at Rs.2,25,00,000/ - and for participating in the E -auctioning process a prospective bidder had to deposit 10% of the auction price i.e. reserved price. Accordingly, the petitioner is said to have deposited the reserved price for Budhani -02 mines amounting to Rs.22,50,000/ -. Similarly, for Chandiya [SMC0089] upset/reserved price was fixed at Rs.60,33,000/ - and the petitioner is said to have been deposited the reserved price of Rs.6,07,300/ -. According to the petitioner, the bid started from Rs.99,23,000/ - and was increased by Rs.50,000/ - on every time by the prospective bidder and ultimately the bid came to Rs.3,26,23,000/ -. At this stage, the petitioner is said to have offered a further increase of Rs.50,000/ - through the online system of bidding, but due to error in the online/computer system, it is said that increase of Rs.50,000/ - took the bid to Rs.30,31,23,000/ - and at this amount bid of the petitioner for Chandiya mines was fixed. According to the petitioner, they offered an increase of Rs.50,000/ - to the final bid amount of Rs.3,26,23,000/ -, and the amount of bid should have been Rs.3,31,23,000/ -, but due to some error in the online computer system, the bid amount was incorrectly reflected as Rs.30,31,23,000/ -.