The competent authority has the power to grant an extension of time to the highest bidder, and no right accrues to the next highest bidder unless intimated by the authority.

JUDGMENT :

B.R. Sarangi, J.

The petitioner, being the 2nd highest bidder, by means of this writ petition, seeks direction to opposite party no.3 to issue “Intimation to Successful Bidder” in his favour in terms of Rule 27(9) of the Odisha Minor Mineral Concession Rules, 2016, in respect of Pankapal-II Sand Quarry, as the highest bidder could not be able to deposit the security amount in due time.

2. The factual matrix of the case, in brief, is that a notice bearing no. 4029 was issued on 31.12.2021 by opposite party no.3 inviting applications from the intending bidders to participate in the auction of different Sand Quarries, including Pankapal-II Sand Quarry (Bramani River Sand Belt) of Mouza-Pankapal, Khata No.224, Plot No. 1089, Area Ac. 12.30 for a period of five years under the provisions of Odisha Minor Mineral Concession Rules, 2016 (for short “OMMC Rules, 2016”) and Odisha Minor Mineral Concession (Amendment) Rules, 2017. The details of the Sairat Sources, which were notified to put to auction are given hereunder:-

2.1 Pursuant to the said notice, the petitioner made his application in Form-M, as prescribed under Rule 27 (4) of the OMMC Rules, 2016, for grant of quarry lease by submitting all the necessary supporting documents, besides depositing the requisite fees, and participated in the auction process.

2.2 There were all total eight applicants for Pankapal-II Sand Quarry. The details of the applicants, the rate quoted by them towards additional charges and their position in the tender are as follows:-

2.3 The tender was opened on 18.01.2022 for all the sand quarries. Opposite party no.4 was declared as the successful bidder considering his highest bidding amount of Rs.2401/-(H1) for Pankapal-II sand quarry (Bramani River Sand Belt) of Mouza-Pankapal, Khata No.224, Plot No. 1089, Area Ac. 12.30. As a consequence thereof, opposite party no.3 issued Intimation to Successful Bidder under Form-F bearing No. 255 dated 19.01.2022. The petitioner was found to be the 2nd highest bidder (H2) for Pankapal-II sand quarry with a bidding amount of Rs.1855/-, which is close to the successful bidder.

2.4 On receipt of “Intimation to Successful Bidder” opposite party no.4 was to deposit a sum of Rs.42,51,872/- towards security deposit as prescribed under Rule 27 (7) of the OMMC Rules, 2016 within a period of 15 days, i.e. before 03.02.2022. In the Intimation to Successful Bidder (ISB), it was specifically required that “proof of deposit of the aforesaid amount along with acceptance should reach the undersigned within fifteen days of the date of issuance of this letter failing which this intimation shall stand automatically revoked without any further notice and the earnest money shall stand forfeited”. Instead of depositing such amount within the time specified, opposite party no.4 sought extension of time. Accordingly, opposite party no.3 granted 10 days time to opposite party no.4, to comply with the terms and conditions of deposit. At this point of time, the present petitioner, being the 2nd highest bidder, approached this Court claiming that since the highest bidder, i.e. opposite party no.4 could not deposit the amount wi