Point of Law: 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 or proceeding taken by District Officer, committee, Director or Divisional Commissioner under these rules and pass such orders as it may think fit.

JUDGMENT :

Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan, learned counsel appears on behalf of petitioner.

Learned Standing Counsel appears on behalf of State- Respondents.

1. A Notice Advertisement was published on 13.09.2018 by District Magistrate, Banda for the settlement of mining leases of sand/moram under the U.P. Minor Minerals (Concession) Rules, 1963 for 5 mining Blocks, by e-tendering and as per Condition No. 13 (6) of the Government Order dated 14.08.2017 respective applicants had to deposit Rs.15,000/- as application fee and 25% of the bid amount as earnest money separately for each area. That term and condition no.19 and 22 (1) of the Advertisement stipulated that within three days from the date of acceptance of bid, the successful bidder shall deposit the requisites mentioned therein and that before participating in the bid the bidders were first require to satisfy themselves by physically verifying the determined quantity of mineral and the approach road to the site. These clauses are reproduced for ready reference:

19- bZ&fuykeh lekIr gksus ds i'pkr 03 dk;Z fnol ds vUnj lQy cksyhnkrk dks vius ewy vfHkys[k dk lR;kiu ml tuin ds ftykf/kdkjh tgkW {ks= fLFkr gS] ds }kjk vFkok funs'kd] HkwrRo ,oa [kfudeZ] funs'kky; ds }kjk djkuk gksxkA funs'kd }kjk ewy vfHkys[k ds lR;kiu dh fLFkfr esa vfHkys[k&lRkiu dh vk[;k bZ&esy ds ek/;e ls lEcfU/kr ftykf/kdkjh dks izsf"kr dh tk;sxhA vfHkys[k&lRkiu ds i'pkr gh ftykf/kdkjh }kjk ysVj vkWQ bUVsaV tkjh fd;k tk;sxkA lR;kiu esa ;fn dksbZ vfHkys[k vFkok izek.k&i= dwVjfpr] vlR; vFkok xyr ik;k tkrk gS rks ysVj vkWQ bUVsaV tkjh ugha fd;k tkosxk rFkk c;kus dh /kujkf'k ¼vusZLV euh½ tCr dj yh tk;sxhA
22- 'krsZa%&
¼1½ bZ&fufonk lg bZ&uhykeh esa Hkkx ysus ls iwoZ {ks= esa vkadfyr mi[kfut dh ek=k ,oa [kuu LFky ds fy, igqWp ekxZ vkfn ds lEcU/k esa ekSds dk fujh{k.k dj fcMj Lo;a vk'oLr gks ysaA bZ&fufonk lg bZ&fuykeh esa Hkkx ysus ds i'pkr bl lEcU/k esa fdlh Hkh izdkj dk nkok Lohdkj ugha fd;k tk;sxkA

2. The petitioner after visiting the area participated in the bid by getting himself registered with all formalities with MSTC and after transfer of earnest money and application fee Rs.15,000/-, and the earnest money Rs.1,57,50,000/- through RTGS applied online on MSTC Portal for grant of mining lease for the area in question, viz Gata No.3/1/1, Khand-1, Area 21 hectares of Village Barsanamanpur, Tehsil Narayani, District Banda. The bid of the petitioner @ Rs.207/ cubic meter being highest, was accepted. And as per Condition No.17 of the Government Order dated 14/08/2017 which was Condition No.19 of the Advertisement the petitioner was under an obligation to get the original documents verified within three days from the date of completing of e-tender. The petitioner however did not comply the said condition which led the respondent to issue Letter No.2698/Khanij-30, Banda dated 22/10/2018. However, as the petitioner did not comply the same, the District Magistrate vide order dated 24/1/2019 forfeited the earnest money.

3. In the interregnum i.e. between the period of acceptance of bid and the passing of order dated 24/1/2019, the petitioner visited this Court vide Writ-C No. 36068/2018 for the following directions:

"i. issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to accept the request of the petitioner with regard to the withdrawal of site for mining operation on plot no. 3/1/1 (Part-I) situated at Barsana Manpur, Tehsil Naraini, District Banda;

ii. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to refund the earnest money deposited by the petitioner in pursuance of the advertisement dated 13.09.2018 along with the interest @ 9% per annum;

iii. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide the representation dated 25.10.2018 of the petitioner (Annexure No. 4 to the writ petition);

iv. issue an appropriate writ, ord