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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
S.Senthilkumar – Appellant
Versus
Additional Chief Secretary To Government, Industries Department – Respondent
| Table of Content |
|---|
| 1. the rules regarding quarry lease for dunite. (Para 1 , 2 , 3) |
| 2. petitioners' involvement and responses to alleged irregularities. (Para 4 , 5 , 6) |
| 3. discrepancies in upset price and government revenue loss. (Para 7 , 8 , 9 , 10) |
| 4. arguments regarding the validity of the cancellation order. (Para 11 , 12 , 13) |
| 5. court's reasoning on public interest and financial implications. (Para 14 , 15 , 16) |
| 6. supreme court guidance on the importance of proper tender assessment. (Para 17 , 18) |
| 7. conclusion of dismissal of writ petitions with conditions. (Para 19) |
ORDER :
The present two writ petitions have been filed seeking to quash the order passed by the third respondent, dated 13.05.2022 bearing Roc No.504/2017/Mines-A, wherein and whereby the tender cum auction conducted on 25.02.2021 for the areas in respect of Dunite mineral mentioned in serial Nos. 1 and 2 in the impugned order was cancelled and it was ordered to refund the Earnest Money Deposit to the petitioners herein.
3.It is stated that a geological report was also conducted by the district administration for Dunite deposits over the above said extent of lands. A detailed technical report was also issued by the Assis
The court emphasized that tender processes for natural resources must prioritize public interest and ensure the State receives fair value, reflecting discrepancies in price setting led to judicial in....
The court ruled that statutory authorities must adhere strictly to tender rules, rejecting arbitrary acceptance of bids that are significantly lower than the highest bid to safeguard public revenue.
The main legal point established in the judgment is the importance of complying with the provisions of the Odisha Minor Mineral Concession Rules, 2016, particularly Rule 27 (10), and the need to ensu....
Point of Law : Petitioner is not entitled to seek a direction to the respondent authorities to settle the Mining contract Area no. 1 in his favour just because he was the lone bidder and had emerged ....
The court affirmed the principle that disqualification of a bidder must comply with statutory provisions, and a successful bidder can match a higher bid if disqualified for solvency issues, ensuring ....
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The rejection of bids must be based on valid reasons and must not be arbitrary or mala fide. Court orders must be adhered to, and decisions must be in accordance with the law.
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....
The court upheld the State's authority to cancel and reissue NITs to ensure competitive bidding, as long as the decision-making process is not mala-fide or arbitrary.
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