Hon'ble LODHA, J.—These two writ petitions, which relate to grant of mining lease for excavation of river sand (bazari) from rivers, drains, nadi, nala, bhala etc. recorded as 'Gair Mumkin' in the revenue record of various revenue villages of Tehsil-Jaitaran, District-Pali, pursuant to the Notice Inviting Tender (NIT) dated 20.11.12, issued by the Superintending Mining Engineer, Department of Mines, Government of Rajasthan were heard together and are being disposed of by this common order.

2. The petitioners-Kuber Associates & Others have filed the writ petition No.5834/13 aggrieved by the order dated 26.4.13 issued by the Superintending Mining Engineer, in compliance of order dated 17.4.13 issued by the Directorate, Mines, Government of Rajasthan, directing to issue a fresh NIT for grant of mining lease in question, on account of rejection of petitioner's bid as invalid and non confirmation of the bid offered by the petitioner-Chaina Ram.

3. The petitioner-Chaina Ram has preferred the writ petition No.5787/13 aggrieved by the action of the respondents in rejecting the bid offered by him and issuing a fresh NIT as aforesaid, for the award of the mining lease for the area in question.

4. The relevant facts in nutshell are that in exercise of the power conferred under Rule 21 & 35 of the Rajasthan Minor Minerals Concession Rules, 1986 (for short “the Rules”), the Superintending Mining Engineer, Jodhpur, issued a NIT dated 21.11.12 for grant of mining lease for excavation of bazari from rivers, drain, nadi, nala, bhala etc. which are recorded in the revenue record as Gair mumkin in the various areas specified falling within territorial limit of Jodhpur circle of Department of Mines, Government of Rajasthan. The present petitions relate to item no.13 of the NIT i.e. the grant of mining lease for excavation of the bazari from the gair mumkin river, nala etc. falling within the area of various revenue villages of Tehsil-Jaitaran.

5. The procedure for holding auction for mining leases under Rule 21 of the Rules is prescribed under Rule 34 of the Rules and the procedure for calling tenders is governed by Rule 35 of the Rules.

6. Rule 35(vi) of the Rules mandates that every tender shall be accompanied by the documents as specified. Since the controversy involved in the matter rolls around Rule 35(vi) of the Rules, the same is reproduced hereunder for ready reference:

“(vi) Every tender shall be accompanied by:

(a) earnest money equal to 10% of yearly tender amount in the form of Demand Draft or Banker's Cheque drawn in favour of the Assistant Mining Engineer/ Mining Engineer concerned or in any other mode as notified by the Government from time to time.

Provided that no interest shall be paid by the Government on the earnest money deposited as above.

((aa) a non refundable application fees as prescribed in rule 5 in the form of Treasury Challan or Demand Draft/ Banker's Cheque drawn in favour of Assistant Mining Engineer/Mining Engineer concerned in case of tender for grant of mining lease.)

(b) an attested copy of registration of contractor as provided in sub-rule(4) of rule 32 for royalty collection contract/excess royalty collection contract.

(c) an affidavit stating that no dues of the Department are outstanding against the tenderer/all partners of the firm/all members of association of persons/all directors of the company or family members of the tenderer/partners/members of association of persons/directors, as the case may be. Such affidavit should not be older than 15 days from the date of its submission.

(d) power of attorney in case the tenderer is a partnership firm/association of persons and resolution of board of Directors in case of company as the case may be.

(e) in case tenderer fails to enclose all or any one of the documents as per sub clause (a) to (d) above alongwith tender form, his tender shall be treated as invalid and shall not be considered by the tender opening committee.

(f) tender document shall be signed by pr