KUBER ASSOCIATES Vs. STATE

JUDGEMENT

(1.) By way of this intra-court appeal, the appellants seek to question the order dated 14.03.2014 as passed by the learned Single Judge in CWP No. 5834/2013.

(2.) The said writ petition was considered by the learned Single Judge alongwith another writ petition bearing number 5787/2013 : Chaina Ram Vs. State of Rajasthan & Ors.; and both the petitions were decided by the common order dated 14.03.2014.

(3.) The subject matter of the said petitions had been the offers invited for grant of mining lease for excavation of bajri from rivers, drains etc. in gair mumkin land of various villages of Tehsil Jaitaran, District Pali. The appellant, M/s Kuber Associates, describing itself as a partnership/association of persons (AOP) is said to have made an offer pursuant to the NIT dated 21.11.2012; and its offer was at Rs. 8.65 crores. The said other writ petitioner Chaina Ram had also made an offer at Rs. 5.21 crores. However, the tender submitted by the appellants was rejected for not conforming to the requirements of Rule 35(vi) of the Rajasthan Minor Mineral Concession Rules, 1986 ('the Rules') inasmuch as the tender was not found accompanied by the power of attorney in favour of the person signing the documents by the other persons of the AOP. The petitionerappellant preferred the writ petition questioning the order dated 26.04.2013 issued by the Superintending Mining Engineer in compliance of the order dated 17.04.2013 as issued by the Directorate of Mines for issuance of fresh NIT for grant of the lease in question on account of rejection of the appellant's bid as invalid and non-confirmation of the bid offered by the other petitioner Chaina Ram.