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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., M.S. RAMAN
Kasinath Dhanwar – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
HARISH TANDON, CJ.
1. The writ petition challenging the order dated 9th June, 2025 passed by the Deputy Director of Mines, Rourkela Circle, Rourkela in rejecting R.A. No.14 of 2023 is filed by the unsuccessful bidder primarily on the ground that the appellate authority has committed grave error in rejecting the said appeal solely on the ground of limitation.
2. The sequel of events emanating from the record would reveal that pursuant to the auction notice dated 4th March, 2022 published by the opposite party No.4 for settlement of Teterkala Sand Bed Quarry under Biramitrapur Tahasil of Sundargarh district, the petitioner offered his bid. The bid was opened on 21st March, 2022 and the opposite party No.5 was declared as a successful bidder. The lease deed was also executed in favour of the said opposite party. Subsequently, the petitioner, after coming to know of several discrepancies, disparities and the illegalities committed by the authorities, applied for a certified copy of the entire order sheet concerning the said auction, which was initially kept in abeyance but subsequent to the persuasion including the orders passed by this Court, the certified copy was handed ove
The court clarified that appeals under statutory provisions must be based on 'date of communication' rather than mere knowledge, ensuring procedural fairness in adjudicating appeals.
Compliance with the specific procedures outlined in the OMMC Rules, 2016 is mandatory, and failure to adhere to these procedures may result in the dismissal of claims.
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.
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 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 ....
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....
The limitation for appeals under the Rajasthan Minor Mineral Concession Rules is calculated from the date of communication of the order, not the date of the order itself.
Tender - State Government may, either suo moto at any time or on an application made within ninety days from date of communication of the order, call for examine record relating to any order passed o....
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