Digitally 2025:CGHC:60541-DB signed by ANURADHA ANURADHA TIWARI NAFR TIWARI Date:

2025.12.12

16:25:16 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6151 of 2025 Anjay Joshi S/o Byas Narayan Joshi Aged About 42 Years R/o House No. 156, Ward No. 45, Bajrang Chowk, Arvind Nagar, Post Office Bilaspur, P.S. Sarkanda, Tahsil And District Bilaspur (C.G.)

... Petitioner versus

1 - State of Chhattisgarh Through Secretary, Department of Mineral Resources, Mahanadi Bhawan, Atal Nagar, District - Raipur, Chhattisgarh

2 - Directorate of Geology And Mining Through Director, Indravati Bhawan, Atal Nagar, District - Raipur (C.G.)

3 - Collector District Raigarh, Chhattisgarh

4 - Mining Officer District Raigarh, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Manoj Paranjpe, Senior Advocate assisted by Mr. Aditya Dhar Diwan, Advocate For Respondents-State : Mr. Praveen Das, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

12 .12.2025

1. Heard Mr. Manoj Paranjpe, learned Senior Counsel assisted by Mr. Aditya Dhar Diwan, learned counsel for the petitioner as well as Mr. Praveen Das, learned Deputy Advocate General, appearing for the State/respondents.

2. The present petition has been filed by the petitioner with the following relief(s):-

“i. That, the Hon'ble Court may kindly be pleased to quash the impugned cancellation order dated 14.11.2025 (Annex. P/1) and any further proceedings pursuant to the cancellation in the interest of Justice.

ii. That, it is most respectfully prayed that this Hon'ble Court may be pleased to direct the respondents to restore the tender bearing Bid Number: MSTC/RPR/Chhattisgarh/Raigarh Tender/4/25-26/36027 and issue Letter of Intent in favour of the petitioner based on the declared result dated 11.11.2025 1 the interest of justice.

iii. That, the Hon'ble Court may kindly be pleased to call the entire records pertaining to Ν.Ι.Τ. Bid Number:- MSTC/RPR/Chhattisgarh/Raigarh Tender/4/25-26/36027.

iv. Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.”

3. Brief facts of the case, in a nutshell, are that respondent No.3 issued a Notice Inviting Tender (N.I.T.) in District Raigarh for conducting an electronic reverse auction for allotment of Ordinary Sand Excavation Lease Mines in accordance with Rule 7 of the Chhattisgarh Minor Mineral Ordinary Sand (Excavation and Business) Rules, 2025 (hereinafter referred to as “Rules of 2025”). As per the N.I.T., five Ordinary Sand Excavation Patuttas situated at (i) Barbhauna, Tehsil Kharsia, (ii) Baisi, Tehsil Dharamjaigarh, (iii) Kambanpur, Tehsil Gharghora, (iv) Lebra, Tehsil Raigarh, and (v) Pusalya, Tehsil Chhal were proposed to be allotted through the online reverse auction process. The N.I.T. further provided that eligible bidders were required to submit their technical and financial bids exclusively through the MSTC online portal between 31.10.2025 and 06.11.2025 (up to 05:30 PM).

4. The petitioner duly submitted his bid on 06.11.2025 along with all requisite documents and deposited the bid security amount of Rs. 1,20,000/-. Pursuant to the procedure laid down in the N.I.T., a draw of lots (lottery) was conducted on 11.11.2025 wherein 510 eligible participants took part, and the petitioner emerged as the successful bidder. However, to the utter shock and prejudice of the petitioner, respondent No.3 abruptly cancelled the entire tender process on 14.11.2025, i.e., after three days of declaring the petitioner as successful, without assigning any just, fair, or reasonable cause. The impugned cancellation order (Annexure P/1) issued by respondent No.3 is wholly arbitrary, perverse, malafide, and appears to have been passed with an intent to favour certain preferred persons, thereby vitiating the entire tender process.

5. Mr. Manoj Paranjpe, learned Senior counse