DHARMENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition arises from a controversy relating to the grant of minor mineral concession lease for one of the blocks in the district of Gaya.

(2.) THE District Magistrate, Gaya issued a notice for the grant of leases under the Minor Mineral Concession Rules for 64 blocks in the district of Gaya, a copy of the notice which appeared in the daily newspaper Dainik Jagran of 5.5.2002 is at Annexure -4. The grant was to be made on the basis of public auction as provided under rule 9(A), inserted in the Bihar Minor Mineral Concession Rules by an amendment w.e.f. 24.3.2001 and the auction was to be held on June 17/18,2002. Clause 8 of the notice required a person desirous of making bid for the grant to submit an application, enclosing inter alia upto -date statements of income tax and a declaration that upto date taxes were paid by the applicant, at least five days before the date of the auction. A note at the bottom of the notice further stipulated that a demand draft made in favour of the Assistant Mining Officer, Gaya for a sum of Rs. 23,000/ - for each of the blocks should also be submitted for which the applicant intended to bid by way of security money.

(3.) THE petitioner did not succeed in getting an interim order of stay against the auction scheduled to be held on June 17 and 18, 2002. He, therefore, proceeded to take part in the auction and with that object he obtained a bank draft dated 12.6.2002 for Rs. 23,000/ - as the security money. However, his plan to take part in the auction was also frustrated when his application was rejected by the Collector and he was not allowed to take part in the auction. On the basis of the auction held on 17/ 18.6.2002 the lease for the block at serial no. 54 of the notice was granted to M/s Daya Engineering Works, Gaya.