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MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN
Deputy Commissioner, Circle-II, Rajasthan Housing Board, Jodhpur – Appellant
Versus
Santosh Joshi, W/o. Shri Kailash Joshi – Respondent
JUDGMENT :
1. Heard.
2. These appeals arise from common order dated 24.09.2013 passed by the learned Single Judge in the matter of challenge to the action of the appellant in cancellation of the auction proceedings towards allotment of plots to intending allottees under a scheme of the Housing Board.
3. Appellant had floated an advertisement dated 26.03.2012 initiating process of auction of the plots developed by the appellant-Housing Board for public benefits. The respondents-writ petitioners participated in the auction proceedings and offered bid prices for respective plots of their choices. The auction was concluded and as per the terms and conditions of the auction notice, the successful bidders/respondents-writ petitioners deposited 15% of the bid amount offered by them. While the successful bidders were expecting confirmation letters and allotment of respective plots upon deposit of the balance amount, they came to know that the entire auction proceedings, for all the plots which were auctioned under auction notice dated 26.03.2012, have been cancelled.
4. Aggrieved of the said decision taken by the appellant-Housing Board whereby, the entire auction proceedings were cancelled, p
The main legal point established in the judgment is the requirement for fairness and reasonableness in state actions, particularly in contractual matters, and the need for judicial review to ensure c....
The main legal point established is that a public authority's actions in contractual matters, especially those involving public property, should not be arbitrary and must adhere to recognized norms a....
(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 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 principle that the highest bid does not guarantee acceptance in tender processes, and the authority's discretion must be exercised based on relevant commercial considerations and adherence to pro....
Non-approval of auction bids by Managing Director rendered the bidding process incomplete, with absence of sufficient competition justifying cancellation under public interest.
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....
The main legal point established in the judgment is that the power to cancel a bid under Rule 27(16) of the OMMC Rules must be exercised in a just, fair, and reasonable manner, and the cancellation o....
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