ONKAR LAL JOSHI Vs. STATE & ORS.

JUDGEMENT

(1.) Petitioner in this writ petition claims that under the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'Act of 1957') exercising powers under section 15 of the Act of 1957, the State Government has framed Rajasthan Minor Mineral Concession Rules, 1986 5 (hereinafter referred to as the Rules'). Chapter IV of these Rules relates to the grant of royalty collection contract or excess royalty collection contract. Rule of the rules gives procedure for inviting tenders.

(2.) According to the petitioner respondent No. 2 exercising powers under Rules 32 and 35 invited tenders vide notice dated 4.6.03 for the purpose 10 of giving contract of excess royalty collection on excavating of marble at Rajsamand, Kumhalgarh, Ammet and Railmagra Tehsils of District Rajsamand. Tender notice also incorporated the collection of royalty at Gadi Tehsil of District Banswara and for Aaspur Tehsil of Dungarpur District. A copy of the tender notice has been filed along with the writ petition as Ex.1. The original 15 notice inviting tenders showed the last date as 21.6.2003 but the date was extended to 27.6.2003.

(3.) Petitioner purchased the tender form on 26.6.2003 so that he could submit the tender for Rajasmand area. Petitioner also purchased the demand draft of Rs. 60 lakhs which was in favour of Mining Engineer, Rajsamand. A photo copy of the demand draft has been produced as Ex.2.