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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANINDRA MOHAN SHRIVASTAVA, SUNIL BENIWAL
Ecosafe Infraprojects LLP – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
MANINDRA MOHAN SHRIVASTAVA, CJ.
1. These appeals are directed against the common order dated 07.05.2024 passed by the learned Single Judge, whereby the petitioner’s writ petitions, challenging e-auction notices dated 06.03.2024 and 08.03.2024 and further prayer to issue clarification with respect to the issues raised by the petitioner and to issue mandamus to conduct re-auction, have been dismissed.
2. Quintessential facts, necessary and relevant for adjudication of the controversy involved in these cases and as reflected from the pleadings and documents of the parties and the order of the learned Single Judge, are stated infra:
For brevity and convenience, facts stated in one of the two petitions raising common issues on similar facts contained in S.B. Civil Writ Petition No. 6087/2024, reveal that the petitioner, a limited liability partnership, participated in the e-auction process floated by the respondents for auction of as many as 14 plots of minor mineral bajri (river sand). Out of these, 7 plots pertain to District Bhilwara and remaining 7 plots pertain to District Sirohi. E-auction was commenced with issuance of e-auction notices dated 06.03.2024 and 08.03.2024 for
The court affirmed that auction terms must provide legal certainty, and found no ambiguity in the terms of the e-auction for mining leases, thus upholding the auction process.
The court established that clarity in auction terms is essential, and the commencement of mining operations is contingent upon obtaining environmental clearance, as per the Rajasthan Minor Mineral Co....
The court upheld the discretion of authorities in fixing EMD amounts for mineral auctions under amended rules, emphasizing limited judicial intervention in tender matters.
Issuance of e-tender notices after commencement of the lease period were not sustainable in law especially when they were issued without seeking environmental clearance from the Ministry of Environme....
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