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2026 Supreme(Online)(Raj) 8271

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR
UMESH KUMAR VYAS – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Judgement Key Points

Key Points: - Petitioner Umesh Kumar Vyas filed writ petition challenging cancellation of e-auction for Warehouse No.9 in Santosh Nagar, Phalodi, where he was highest bidder at Rs.65,41,997/- against reserve price of Rs.24,82,007/- (!) (!) (!) - Municipal Council cancelled auction on 04.12.2024 due to lower bid compared to Warehouse No.1 (Rs.1,91,00,000/-) and issued fresh e-auction notice with same reserve price (!) (!) - Condition No.4 required bid sanction/rejection within 5 working days from auction; decision taken beyond this period (auction ended 22.11.2024) (!) (!) (!) - Conditions No.5 and 12 reserved right to accept/reject bids to Chairperson/Commissioner without reasons; RTPP Rule 72 allows rejection prior to contract award (!) (!) (!) - Court relied on Golden Food Products (Supreme Court) holding that highest bid above reserve cannot be discarded merely expecting higher bid without valid reason (!) (!) - No evidence of irregularity, fraud, or objection in auction process; same reserve price retained in fresh notice (!) - Writ petition allowed; respondents directed to issue allotment order to petitioner for Warehouse No.9 and complete process (!)

What is the effect of failing to decide on acceptance or rejection of a bid within the 5 working days stipulated in Condition No.4 of an e-auction notice?

What are the rights of the highest bidder when their bid exceeds the reserve price in a public auction?


[2026:RJ-JD:12038]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6122/2025 Umesh Kumar Vyas S/o Shri Gouri Shankar Vyas, Aged About 35 Years, Resident Of 218, Ward No.15, Near LTM Katla, Ummedpura, District Phalodi.

----Petitioner Versus

1. State Of Rajasthan, Through Director, Local Self Development Department, Government Of Rajasthan, Jaipur

2. Municipal Council, Phalodi Through Its Commissioner.

3. District Collector, Phalodi.

4. Additional District Collector-Cum-Administrator, Municipal Council, Phalodi.

5. Sub-Divisional Officer-Cum-Commissioner, Municipal Council, Phalodi. ----Respondents For Petitioner(s) : Mr. Manoj Bohra For Respondent(s) : Ms. Meenal Singhvi for Mr. Rajesh Panwar, AAG.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

13/03/2026

1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“I. by or an appropriate writ, order directions, the impugned minutes of meeting dated 04.12.2024 (Annex.5) and e-. auction notice dated 17/18.02.2025 (Annex.6) passed by the respondents, qua the plot No.9 (Warehouse), situated in Santosh Nagar Aawasiya Scheme, Phalodi may

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