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ANJANI KUMAR MISHRA, JAYANT BANERJI
Pragyason Constructions Private Limited – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Shri Udayan Nandan, for the petitioner and learned Standing Counsel for the state respondents.
2. The petitioner by means of this writ petition seeks a writ of certiorari for quashing the order dated 16.07.2020 passed by the District Magistrate, respondent no. 2 (annexure 9 to the writ petition) and the order dated 20.11.2020 (annexure 11 to the writ petition) passed by the Secretary, Mines and Minerals, Uttar Pradesh
3. By the order dated 16.07.2020, the District Magistrate has rejected petitioner’s application for refund of earnest money deposited by him for participating in an e-auction for grant of a lease in District Hamirpur for which an advertisement had been issued on 03.01.2020.
4. The order of the District Magistrate has been affirmed in revision by the first respondent, hence, this petition.
5. The facts of the case briefly stated are that an advertisement was issued on 03.01.2020 inviting bids for grant of mining leases in District Hamirpur. The petitioner submitted its bid along with earnest money of Rs. 90 lakhs on 24.04.2020. The bid of the petitioner, being the highest, was accepted. On 05.03.2020, a letter was issued calling upon the petitioner t
Forfeiture of earnest money in mining lease applications is only permissible when there is evidence of false documentation; procedural requirements lacking a penal clause are considered directory.
The court clarified the specific penalty that could be imposed for non-compliance with the mining plan provision within one month of receiving the Letter of Intent, and emphasized the requirement for....
The court established that forfeiture of security deposits and royalty payments requires explicit legal authority, which was absent in the relevant rules governing mining leases in Uttar Pradesh.
The NIT stipulated that tenderers who resile before the validity period shall be liable for forfeiture of EMD. The action of the respondents in seeking change of the rate offered bid amounted to resi....
The authority must provide adequate reasons for the complete forfeiture of a security deposit, especially when a lesser penalty has been imposed and already paid.
Government contract – Scope of judicial review – Normally, when disputed questions of fact arise, adjudication in a civil court is more appropriate, just and fair – Nevertheless, this is not an absol....
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