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2023 Supreme(SC) 1166

SANJIV KHANNA, S. V. N. BHATTI
State of Jharkhand, through its Secretary, (Mines & Geology) – Appellant
Versus
Sociedade De Fomento Industrial Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Arunabh Chowdhury, Sr. Adv. Ms. Pallavi Langar, AOR Ms. Pragya Baghel, Adv.
For the Respondent(s): Mr. Dhruv Mehta, Sr. Adv. Mr. Yashraj Singh Deora, AOR Mr. Priyesh Mohan Srivastava, Adv. Ms. Sonal K Chopra, Adv. Mr. Abhishek Singh, Adv.

JUDGMENT :

S.V.N. BHATTI, J.

1. The Civil Appeal arises from the Judgment dated 24.08.2022 in L.P.A. No. 165 of 2022 in the High Court of Jharkhand at Ranchi. The State of Jharkhand and the Director of Mines and Geology, Ranchi/Respondents in the L.P.A are the Appellants herein.

2. SOCIEDADE DE FOMENTO Industrial Private Limited, Margao, Goa/the Respondent herein filed Writ Petition (C) No. 5152/2021 praying for an appropriate writ directing the first Appellant to proceed with the second round of auction as per Sub-Rules (10) to (12) of Rule 9 of the Mineral (Auction) Rules, 2015, as amended by Mineral (Auction) Amendment Rules, 2017*[M(A) Rules] and for a further direction restraining the Appellants herein from taking any action to defeat the rights of the Respondent in the subject tender process. In the given circumstances, on 22.04.2022, the Writ Petition was dismissed by holding that the Respondent’s technical bid even if found to be compliant, the bid cannot be taken to the next stage of the tender process. The Respondent, hence, filed L.P.A No. 165/2022 and by the Impugned Judgment, the L.P.A was allowed. The Impugned Judgment, among other reasons, held that the Appellants are b

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