PRIYA MINERALS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner by filing this petition has claimed numerous reliefs. The petitioner prays for writ of Certiorari for quashing the order of appointment of the respondent no. 3 as a successful bidder on 28/12/2006 for the sale of Rock Phosphate/phosphorus Penta Oxide in state of Assam/north Eastern State and West Bengal. The petitioner further prays for a writ of Certiorari to quash the order passed by the collector, Sagar restraining the petitioners and the other persons involved in the business of transportation and sale of their Rock phosphate/phosphorus Penta Oxide previously purchased by them.

(2.) THE facts leading to the present case are that the respondent no. 2 issued NIT notice inviting tender which is Annexure-P-1. The aforesaid tender was invited for sale of 15,000 metric tones of Rock Phosphate p. a. of Phasphorus Penta Oxide (P205) for two years containing 18-20% phosphorus Penta Oxide (P205) from its mines which located at Sagar and Chhatarpur for sale in Assam/north Eastern State and West bengal. As per the petitioner's averments 5 tenders were received. So far as the petitioners No. 1 and 2 are concerned they were disqualified similarly other two parties such as Sirohiya and Sons P. Ltd Calcutta and Anoop traders, Gwahati Assam were also of disqualified.

(3.) IN view of the aforesaid the only qualified tenderer was the respondent no. 3 and his tender has been accepted.