Statutory mandates requiring electronic auctions for mineral concessions override alternative tender methods. Administrative cancellation of a tender process to ensure compliance with mandatory statutory procedures is valid, as bidders hold no vested right to a contract before formal execution.

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. 13’ forthwith in favour of the petitioner in terms of a Notice Inviting Tender [NIT] dated 25.08.2025 by setting aside and quashing a decision conveyed by the Executive Member, Bodoland Territorial Council [BTC] vide an Office Letter dated 12.11.2025 addressed to the Additional Chief Conservator of Forest -cum- CHD, BTC [the respondent no. 3].

3. The facts which are not in dispute, can be exposited at first, in order to appreciate the issues involved in the writ petition. By a Notice Inviting Tender [NIT] dated 25.08.2025, the respondent no. 4 invited sealed tenders with validity period of 180 days for grant of Mineral Concession as per the provisions of the Assam Minor Mineral Concession Rules, 2013 in certain specified Minor Mineral Concession areas [Mahals] within the Baksa Forest Division as per the schedule mentioned therein. One of the Mahals in which the Mineral Concession was to be granted by the NIT dated 25.08.2025 was ‘Barnadi Sand Mahal No. 13’ for the contract period : 2025-2032. It was informed to the bidders that the NIT contained details of the Minor Mineral Concession area [Mahal] along with the terms and conditions of grant and the same could be procured from the office of the respondent no. 4 during working hours on payment of a sum of Rs. 1,000/- by demand draft of the State Bank of India [SBI] payable in favour of the respondent no. 1.

4. As per the NIT, the last date of submission of sealed tenders was up to 02-00 p.m., 18.09.2025. In response to the NIT dated 25.08.2025, three bidders including the petitioner, submitted their sealed tenders for settlement of the Minor Mineral Concession area, ‘Barnadi Sand Mahal No. 13’. The tenders so received were opened and evaluated by a Bid Quotation Committee under the Chairmanship of the respondent no. 4 on 04.10.2025 in the office of the respondent no. 4. After opening of the bids, the Bid Quotation Committee prepared a Comparative Statement and recorded its comments as regards submission of essential documents / certificates, etc., by the respective participant bidder. Upon evaluation, the Bid Quotation Committee found that the petitioner with a tendered amount of Rs. 18,50,000/- emerged as the highest valid bidder [H-1]. The other two participant bidders’ tendered amounts were same, Rs. 18,20,000/-. Upon consideration, the Bid Quotation Committee decided to approve the bid of the petitioner and to allot Barnadi Sand Mahal No. 13 to him after observance of all official formalities.

5. The decision taken by the Bid Quotation Committee stood forwarded to the respondent no. 2 for approval. The respondent no. 2 vide an Office Letter dated 06.11.2025 conveyed to the respondent no. 3 that the Competent Authority in the Bodoland Territorial Counsel [BTC] had approved the highest quoted tender as