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2024 Supreme(Raj) 410

DINESH MEHTA
PMP Infratech Private Limited – Appellant
Versus
Rajasthan State Mines and Minerals Limited, through its Chairman – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.S. Singhvi, Sr. Counsel assisted by Mr. Abhishek Mehta, Mr. Vikas Balia Sr. Counsel assisted by Mr. Falgun Buch, Mr. R.N. Mathur, Sr. Counsel (through VC) assisted by Mr. Dinesh Kumar Godara, Dr. Sachin Acharya, Sr. Counsel for United Coal Carrier assisted by Mr. Devendra Singh Pidiyar, Mr. Gotam Bhadadra, Mr. Prateek Gattani, Mr. Gopal Krishna Chhangani.
For the Respondent: Mr. Ravi Bhansali, Sr. Counsel, assisted by Mr. Suniel Purohit, Mr. Udit Mathur, Mr. Mohd. Amaan.

JUDGMENT :

Dinesh Mehta, J.

1. In these writ petitions, following questions have arisen for consideration of this Court :

    (i) Whether the contract once cancelled by the awardee can be revived?

(ii) Whether the Chairman or any authority not being the Appellate Authority or the Court can order revival of an already terminated contract?

(iii) Whether by way of an administrative order, the termination of contract can be kept in abeyance?

2. The above questions are different than usual questions and the same have perhaps come up for consideration of this Court for the first time. Before dilating upon these questions, it would be appropriate to unfold the factual canvass, from which these questions have cropped up.

3. The respondent – Rajasthan State Mines & Minerals Ltd. (hereinafter referred to as ‘the RSMML’) is a Public Sector Enterprises of Government of Rajasthan - the State is having pervasive control over it and the Chief Secretary of the State is its Chairman. Being Public Sector Enterprises, the grant of contract by it is governed by an enactment known as Rajasthan Transparency in Public Procurement Act, 2010 (hereinafter referred to as ‘the RTPP Act’).

4. RSMML issued a notice dated 2

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