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Rajendra Prasad Jhanwar – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Department Of Industries, Government Secretariat, Jaipur – Respondent
ORDER :
1. These appeals are filed by the appellant against the common order dated 23.03.2022 passed by the learned Single Judge whereby the writ petition filed by the appellant-petitioner against the cancellation and rejection of the bid for plots situated in RIICO Industrial Area vide order dated 02.02.2022 passed by the respondent-corporation, has been dismissed.
2. Learned Senior Counsel argued at length to assail the correctness and validity of the order passed by the learned Single Judge mainly on the ground that the action of the respondent-Corporation is per se arbitrary and it is not a case where the bid offered by the appellant herein was, in any manner, lower than the minimum offset price fixed by the respondents themselves. It is contended that fixation of minimum offset price is based on conscious consideration of existing market rates and other surrounding conditions which include location of the plots and many other factors which are presumed to have been taken into consideration while fixing the minimum offset price. There was no procedural irregularity or any material to even remotely suggest that any favour or disfavour was done. Despite that, the respondent autho
The authority conducting an auction has the right to reject the highest bid and the decision-making process must be fair and reasonable.
Bidders participating in tender process have no other right except right to equality and fair treatment in matter of evaluation of competitive bids offered by interested persons in response to notice....
The authority has the right to cancel the highest bid and the bids must be competitive. The authority reserves the right to accept or reject any bid without assigning any reason.
Point of Law - Once State decides to grant any right or privilege to others, then there is no escape from rigour of Article 14.
The court affirmed that auction authorities have discretion to reject bids, even if they are the highest, based on competitive bidding considerations.
The highest bidder in an auction does not have a vested right, and the authority has the discretion to cancel bids in the interest of public revenue.
The government has the right to change its policy and reject the highest bid for valid reasons, and the decision-making process should be fair and not influenced by malafides or extraneous considerat....
(1) Allotment of Industrial Plot – Ordinarily, when large areas of industrial land are auctioned, overall price would be separately assessed as compared to smaller plots – Merely because selling pric....
The highest bidder does not have a vested right to have their bid accepted, and CIDCO had the discretion to reject bids based on market prices and tender conditions.
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