VINAYAK ROYALTIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed by petitioner-firm challenging Notice Inviting Bid (ERCC vii)/22/942 dtd. 23/5/2020 inviting bids for royalty/excess royalty collection contract alongwith District Mineral Foundation Trust (in short 'DMFT') and other charges from the mining leases mentioned at S.Nos. 4, 5, 7 and 8. The petitioner-firm also prays for direction to be issued for inviting fresh e-auction notice in accordance with the Rajasthan Minor Mineral Concession Rules, 2017 (hereinafter shall be referred to as 'Rules of 2017').

(2.) The brief facts, as pleaded in the writ petition, are that an e-auction notice dtd. 23/5/2020 was issued inviting bids for royalty/excess royalty collection contract alongwith DMFT and other charges from the mining leases situated in various Districts for a period till 31/3/2022. The petitioner-firm has a grievance with regard to the four mining areas/leases in revenue boundaries of the following Districts :

(3.) The petitioner-firm has pleaded that date for submission of the security deposit by the bidder was 3/6/2020 and the date for submitting the online bid was 4/6/2020. The petitioner-firm has further pleaded that Chapter VI of the Rules of 2017 provides for grant of royalty or excess royalty collection contracts and under Rule 37(3) of the Rules of 2017, procedure for e-auction has been prescribed. The petitioner-firm has submitted that as per the said Rule, the Notice Inviting Bids (for short 'NIB') was required to be published at least thirty days from the date fixed for submission of bids and thirty days period is counted from the date of publication of the NIB on the official website of the Department or on the website of the agency, appointed for auction.