Back
THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Mantu Nath Boro, S/o. Kulen Nath Boro – Appellant
Versus
Bodoland Territorial Council (BTC) represented by its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. factual background involving a contested tender process for a minor mineral concession. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. statutory mandate for e-auctioning of minor mineral concessions under the 2013 rules. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. statutory procedures override conflicting administrative circulars. (Para 15 , 16 , 25) |
| 4. absence of a concluded contract nullifies a bidder's claim to a vested right. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. dismissal of writ petition with direction to refund deposited bid amounts. (Para 26 , 27) |
JUDGMENT :
MANISH CHOUDHURY , J.
Heard Mr. S. Hoque, learned counsel for the petitioner; Ms. N. Choudhury, learned Standing Counsel, Bodoland Territorial Council [BTC]; and Mr. R.R. Gogoi, learned Standing Counsel, Environment & Forest Department.
2. The instant writ petition under Article 226 of the Constitution of India has been preferred seeking a direction in the nature of mandamus to the respondent authorities, more particularly, the Divisional Forest Office, Baksa Forest Division, Mushalpur [the respondent no. 4] to settle a Minor Mineral Concession area, ‘Barnadi Sand Mahal No. 12’ forthwith in favour of the petition
Point of Law : Petitioner is not entitled to seek a direction to the respondent authorities to settle the Mining contract Area no. 1 in his favour just because he was the lone bidder and had emerged ....
The main legal point established in the judgment is the importance of complying with the provisions of the Odisha Minor Mineral Concession Rules, 2016, particularly Rule 27 (10), and the need to ensu....
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
