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SANJAY KUMAR, ALOK ARADHE
Shanti Construction Pvt. Ltd. – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. interpretation of auction process and applicable rules. (Para 2 , 3) |
| 2. arguments regarding compliance with tender requirements. (Para 5 , 6 , 7 , 8) |
| 3. judicial review principles in public tender matters. (Para 9 , 11 , 12 , 13 , 14) |
| 4. need for fairness and transparency in interpretation. (Para 10 , 15) |
| 5. court’s directions regarding new auction process. (Para 16 , 17) |
JUDGMENT :
ALOK ARADHE, J.
Leave granted.
2. Both these appeals emanate from the judgment dated 01.03.2023 passed by the High Court of Orissa in a writ petition. These appeals involved the issue of interpretation of the term ‘previous Financial Year’ as defined in Rule 27(4)(iv) of ODISHA MINOR MINERAL CONCESSION RULES , 2016 (hereinafter, referred to as ‘the Rules’).
3. The relevant facts leading to filing of these appeals are as under.
3.1 The Tehsildar, Tangi Chowdwar, Cuttack on 11.07.2022 issued a notice inviting bids for extraction of sand on lease for a period of five years of Mahanadi Sand Quarry under Tehsil Tangi Chowdwar, District Cuttack, in the State of Orissa (hereinafter, referred to as ‘auction notice’). The bids were required to be submitted in a sealed cover on or before 18.07.2022. The
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