LAXMAN LAL DANGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition has been filed by the petitioner, who is a successful bidder being aggrieved by order Annexr4, dated 9-3-2010 passed by the Director of Mines, Udaipur cancelling the provisional sanction, of award of minor and mineral (Bajri) contract ap-proved in favour of petitioner being the high-est bidder at Rs. 2.51 crores in pursuance of tender opened on 17-2-2,0,1,0 under the no-tice inviting tender published vide Annex-1, dated 13-1-2010 in which, the reserve price for the said contract for Tahsil Girwa and other areas in district Udaipur for the period 1-4-2010 to 31-3-2012 fixed at Rs. 2.10 crores.

(3.) The petitioner being found the highest bidder amongst the two bidders only who participated in the said tender process was provisionally selected for award of such con-tract and he also deposited 12.5% of the bid money of Rs. 2.51 crores as per Rule 35(g)(v) of the Rajasthan Minor Minerals Concession Rules, 1986 (for short, hereinafter referred to as 'Rules of 1986) under the provisional sanction granted vide Annex-3, dated 17-2-2010. Vide Annex-4 order of Director of Mines, Udaipur dated 9-3-2010, however, the said authority found that difference between two bids given was less and the reserve price was also not properly fixed at Rs. 2.10 crores and which further deserves to be increased, therefore, fresh tenders may be invited. This appears to have been done upon the recom-mendations of a Committee constituted by the Director comprising of Additional Direc-tor (Mines), Financial Controller and the Deputy Legal Adviser and fresh NIT appears to have been issued vide Annex-5, dated 10-3-2010 with the reserve price of Rs. 2.70 crores. The petitioner, therefore, preferred this writ petition on 11-3-2010 and an interim order was granted by a Co-ordinate Bench of this Court in his favour after hearing both the parties on 29-3-2010 staying the opera-tion of impugned order Annex-4, dated 9-3-2010.