GULAP HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. K. R. Choudhury, the learned counsel appearing on behalf of the petitioner and Mr. R. R. Gogoi, the learned counsel who appears on behalf of the respondent Nos.1, 2 & 3.

(2.) The petitioner is aggrieved by the communication dtd. 5/12/2018 whereby the petitioner was directed to deposit 15% of the bid security amount of Rs.6,15,008.00 to make up 25% of the bid security and further it was mentioned therein that why action should not be taken against the petitioner in terms with Rule 37 (v) of the Assam Minor Mineral Concession Rules, 2013 (for short, 'the Rules of 2013').

(3.) The case of the petitioner herein is that a public notice was invited for grant of a mining contract in respect of the mining area, namely, Doboka Ordinary Sand Mining No.1 (outside RF) for a period of 7 years for annual quantity of 4000 cum of sand. The petitioner participated in the said tender process. The petitioner was informed by a communication dtd. 7/1/2014 referring it to be a provisional Letter of Intent informing the petitioner that the Doboka Ordinary Sand Mining No.1 (outside RF) was decided to be settled with the petitioner for a period of 7 years at the offered annual price of Rs.41,00,050.00 subject to following certain conditions.