JUDGMENT :

SANDEEP KUMAR, J.

1. The present writ petition has been filed for the following reliefs:-

“a) For quashing the order bearing Memo No.1396 dated 08.10.2025 issued under the signature of Respondent No.3 whereby the Earnest Money Deposited by the Petitioner in the auction for settlement of Sandghat Aurangabad Son - 14A has been arbitrarily forfeited;

b) For direction upon the Respondent No.3 to refund the amount of Rs. 2,34,22,500/- which was deposited by the Petitioner as EMD in connection with Tender Notice for settlement of Sandghat Aurangabad Block 14-A (Aurangabad Son 14-A) or in alternative consider the said EMD submitted vide NEFT bearing UTR No. SBINR52025090597754809 as EMD for the fresh Tender Notice floated on 20.10.2025, including Aurangabad Son 14-A Sandghat at Serial 2;

c) For issuance of writ or order or a direction restraining the respondent from the proceeding with the fresh tender process pursuant to NIT dated 20.10.2025 in exclusion of the petitioner till adjudication and disposal of this writ petition.

d) For directing the Respondent No.3 to settle the Sandghat Aurangabad Son 14-A re-advertised vide short notice inviting Tender Notice dated 20.10.2025 in favour of the Petitioner;

e) For holding that the Respondent No. 3 admitting the existence of Technical glitch due to which the Petitioner could not participate in bidding process, could not have passed the impugned order forfeiting the EMD due to non- participation of the Petitioner in the bidding process on the date of bidding;

f) For holding that in the facts of the present case the Respondent No.3 could not have forfeited the EMD of the Petitioner as due to admitted technical glitch, the Petitioner could not have been alleged to have violated Clause 19(v) of the Tender Notice”

2. The brief facts relevant for the present writ petition is that the respondent-Department of Mines & Geology, Government of Bihar, published a tender notice for settlement of ghats situated in the district of Aurangabad including Aurangabad Sone 14-A. The present petitioner having been eligible, participated in the bid and paid EMD of Rs. 2,34,22,500/- along with bid security amount of Rs.5000/- and Rs.5900 along with other necessary documents. Pertinently, according to the tender notice, the date and time for financial bidding/auction was slated for 16.09.2025 between 11:00 AM to 01:00 PM.

3. It is the case of the petitioner that on the day of financial bid, he attempted to participate, however, according to him, he was prevented from participating in the financial bidding process on account of some technical error/glitch on the portal. The technical glitch preventing him from participating in the financial bid process on the specified date and within stipulated time was beyond the control of the petitioner. It is further the case of the petitioner that the petitioner immediately contacted the office of BELTRON which was entrusted for operating the e-portal at proc2.bihar.gov.in and therefore boda fide attempted to participate in the financial bidding process.

4. It is also the case of the petitioner that he has submitted a representation dated 16.09.2025 requesting the respondent authorities to conduct the process afresh but vide impugned order dated 08.10.2025, the earnest money deposit of an amount of Rs.2,34,22,500/- was forfeited in terms of Clause- 19(v) of the tender notice on the ground that the petitioner deliberately did not participate in the bidding process.

5. Learned counsel for the petitioner submits that the forfeiture of the Earnest Money Deposit (EMD) of the petitioner is wholly illegal since he had attempted to log-in into the portal for participating in the e-auction process, however, for the reasons beyond the control of the petitioner he was prevented from participating in the aforesaid process.

6. Learned counsel for the petitioner further submits that consequent upon the representation dated 16.09.2025, filed by the petitioner, the respondent authorities had