JUDGMENT :

Baljinder Singh Sandhu, J.

1. The present writ petition has been preferred by the petitioner company challenging the e-auction dated 20.03.2025 conducted by the department of Mines and Geology, Government of Rajasthan pursuant to e-auction notice dated 01.03.2025 of mines located at plot No.4/2023, plot No.6/2023 and plot No.8/2023 situated at Alwar Rajasthan.

2. The petitioner has also laid challenge to the amendment in Rule 18 of the Rajasthan Minor Mineral Concession Rules, 2017 (hereinafter referred to as ‘MMCR-2017’) by which the second proviso has been added below sub Rule 2 providing bid security to be twenty five percent of the offered price if the offered bid is more than Rs. 30 Crore. This amendment has been brought into effect by way of amendment in MMCR amendment rules 2025 on 03.01.2025.

Facts of the Case:

3. The relevant facts ,in brief, are that the State Government issued and e-auction Advertisement on 01.03.2025 putting up 67 blocks of minerals for auction throughout the State of Rajasthan, and the blocks in question were shown at serial number 49, 50 and 51 being plots No.4/2023, plot No.6/2023 and plot No.8/2023 respectively at Alwar of Masonry Stone, and were to be auctioned for a period of Fifty Years.The Advertisement provided for the terms and conditions in relation to the auction of the mineral blocks. The relevant portion of the Advertisement is reproduced herein-under:-

4. From the advertisement, it is clear that the same has been conducted under the MMCR-2017 for the plots in question, the reserve price has been mentioned. The bid security amount is mentioned as Rs. 25 Lakh. The last date of submission of the application fees and the amount of bid security has been mentioned as 19.03.2025 and the online e-auction date has been mentioned as 20.03.2025, meaning thereby that anyone who wants to participate in the auction has to deposit the application fees and the bid security by 19.03.2025. In the conditions, it is also provided that if the bid is beyond Rs. 30 Crore then the bid security of twenty five percent of the offered bid has to be deposited. The petitioner as well as respondent No.5 participated in the e-auction bidding process. After several rounds of bidding all the three blocks were released in favour of respondent No.5, M/s Commercial Engineers, who had submitted the highest bid of Rs.29,99,95,600/- for plot No. 4/2023, Rs. 29,99,98,400/- for plot No.6/2023 and Rs.29,99,97,200/- for plot No. 8/2023 respectively.

5. It will also be relevant to state that the bid condition also provided that the bidder can submit a bid as many times as it wishes until the same is completed. The time provided for each bid was eight minutes and the bid could be increased in the multiples of Rs. 5000/-.

Arguments of the Petitioner:

6. The petitioner's company submits that although it had duly complied with all requirements of registration, fee payment and furnishing of bid security of Rs. 25 Lakh as mandated under the e-auction notice, when it attempted to place bids exceeding Rs. 30 Crore during the live auction, the auction portal refused to accept the entry. On seeking clarification from the authorities the petitioner was informed that the portal was configured to block the submission of bids beyond Rs.30 Crore unless twenty five percent of the offered bid was already pre-deposited in the bidder’s wallet. The petitioner asserts that such refusal was not attributable to any default or lack of readiness on its part but solely because no window or mechanism existed through which the required twenty five percent amount could be deposited at the relevant stage. The petitioner maintains that it was willing and financially capable of making the deposit, yet the absence of an operational facility to do so, rendered bidding beyond Rs.30 Crore impossible, thereby preventing the petitioner from placing further bids.

7. It is urged that this impediment was neither disclosed nor explained in the auction advertisement. T