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2024 Supreme(SC) 588

SANJIV KHANNA, DIPANKAR DATTA
Omsairam Steels & Alloys Pvt. Ltd. – Appellant
Versus
Director of Mines And Geology, BBSR – Respondent


Advocates appeared:
For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Mr. Dhananjaya Mishra, AOR Mr. Navneet Dogra, Adv.
For Respondent(s) Mr. Prakash Ranjan Nayak, AOR Mr. Animesh Dubey, Adv. Mr. Rajiv Shukla, Adv.

JUDGMENT

Dipankar Datta, J.

Leave granted.

2. The final judgment and order dated 29th March, 2023 of the High Court of Orissa[High Court], dismissing the writ petition[Writ Petition (Civil) 9630/2023] presented by the appellant, is under assail in the present appeal.

3. We find in the array of parties three respondents. The Director of Mines and Geology, Bhubaneshwar is the first respondent, under whose aegis MSTC Ltd., i.e., the second respondent, conducted an e-auction which forms the genesis for the present appeal. State of Odisha is the third and final respondent.

4. The factual matrix relevant for deciding the present appeal, as discerned from the records, is that:

    I. The third respondent floated a tender document for e-auction of mining lease of, inter alia, Orahuri manganese and iron ore block on 09th January, 2023.

    II. To participate in the process to follow, the appellant submitted the requisite fees of Rs 5,00,000/- (Rupees five lakh only). Thereupon, the appellant was permitted to submit its online bid.

    III. Clause 14 of the tender document mandated the submission of Bid Security in a sum of Rs 9,12,21,315/- (Rupees nine crore twelve lakh twenty-one thousand three hundred and fi

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