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THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Surajit Rabha, S/o. Tangun Rabha – Appellant
Versus
Bodoland Territorial Council (BTC) represented by its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. factual history regarding tender issuance and subsequent cancellation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments concerning cancellation of tender due to shift to e-auction. (Para 8 , 9) |
| 3. statutory mandate to utilize e-auction for mining contracts per 2018 amendments. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. absence of concluded contract or vested rights prior to valid issuance of loi. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. statutory rules override administrative executive memoranda. (Para 25) |
| 6. dismissal of petition and order for refund of security deposits. (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.
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.
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