DEVDASHRATH ROYALTIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant writ petition, the petitioner firm has prayed for quashing impugned order dated 30.03.2012 (Annex.-6) and further prayed that the petitioner firm may be awarded the tender contract in pursuance of the notification dated 23.02.2012 and fresh tender process initiated in pursuance of order dated 30.03.2012, if any, may be quashed.

(2.) Brief facts of the case are that respondent No.3 invited tenders for collection of royalty with respect to mineral excavated by quarry licence holder in the revenue limits of Bikaner district. The notification was published on 09.01.2012 in the news-paper Rajasthan Patrika. The petitioner firm applied in relation to the said tender for revenue limits of Bikaner district. The tenders were submitted in sealed cover while enclosing the requisite demand draft for Rs.1,40,00,000/- and petitioner company submitted a sealed cover tender for Rs.13,93,93,939/- per annum.

(3.) The bids were opened on 09.02.2012, in which, the petitioner's bid was found to be highest and most competitive, therefore, the committee provisionally referred the same for sanction after selection by the Mining Engineer, Jodhpur. The petitioner approached the respondent authorities for finalization of contract; but, he was informed that there are certain dues against the firm M/s M.S. Bhati & Company, in which, his wife and sons are partners. According to the petitioner, he was not aware about such dues but, on enquiry about the said dues from the department, it has come to his knowledge that there are certain contracts being executed by firm M/s M.S. Bhati & Company wherein total dues of Rs.24,25,102/- is outstanding, in which, his wife Smt. Pramod Kanwar, at one point of time, was partner. But, subsequently she had also ceased to be partner of the said firm through a retirementdeed dated 31.12.2011, therefore, obviously she had no concern with M/s M.S. Bhati & Company when the tender bid in question was filed along with affidavit. It is also one of the facts narrated in the writ petition that after receiving such information the petitioner immediately informed the firm M/s M.S. Bhati & Company about the said outstanding and they contacted the respondent department and deposited amount of Rs.24,25,102/-. Upon deposit of the said amount the respondent department demanded further amount on account of interest upon the outstanding sums by creating fresh demand, therefore, total amount of Rs.27,90,000/- was deposited by M/s M.S. Bhati & Company prior to rejecting petitioner's bid on 30.03.2012. On depositing the outstanding by M/s M.S. Bhati & Company the respondent department No-Dues certificate was issued on 19.03.2012 which is on record as Annex.-4.