Advocates:
['VIKAS BALIA', 'ABHILASHA SANCHETIABHILASHA SANCHETI SANJEET PUROHIT', 'BITA SIPANE', 'ANAMIKA', 'ABHILASHA SANCHETI', 'NM LODHA AAG', 'VK MATHUR', 'AS RATHORE']

SBCWP NO.6066/2006 –M/s SHRI MATESHWARI INDRANI CONSTRUCTION COMPANY PVT. LTD. V/S STATE OF

RAJASTHAN AND ORS. . : JUDGMENT DTD.26.5.2008

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

S.B. CIVIL WRIT PETITION NO.6066/2006

M/s Shri Mateshwari Indrani Construction Company Private

Limited

versus

The State of Rajasthan and ors.

PRESENT

HON'BLE Dr.JUSTICE VINEET KOTHARI

Mr.Vikas Balia, for the petitioner.

Mr.V.K. Mathur, for respondents

REPORTABLE

DATE OF JUDGMENT

: 26^th May, 2008.

JUDGMENT

1.

The petitioner by way of present writ petition under Article 226

of the Constitution of India has challenged cancellation of Notice

Inviting Tender issued by the Dy. Commissioner (Administration),

Commercial Taxes Department, Bhilwara for awarding contract on

SBCWP NO.6066/2006 –M/s SHRI MATESHWARI INDRANI CONSTRUCTION COMPANY PVT. LTD. V/S STATE OF

RAJASTHAN AND ORS. . : JUDGMENT DTD.26.5.2008

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behalf of the State Government for collection of tax on minerals

(Chheja Patthar) for Revenue Tehsil Bhilwara, Shahpura, Baneda,

Mandal, Jahajpur, Asind, Mandalgarh, Kotdi, Sahada, Raipur, and

Hurda in Bhilwara District vide Notice Inviting Tender dtd.22.8.2006

for Annual Expected Revenue of Rs.130 lacs. The tenders were to be

opened on 31.8.2006 at 4.30 p.m. The award of contract were to be

given for tax collection charges on percentage basis on aforesaid

expected revenue of Rs.130 lacs and the petitioner gave the said bid

on 30.8.2006 along with the demand draft No.1183736 dtd.30.8.2006

for a sum of Rs.5,10,000/- towards earnest money as vide column

No.5 of the NIT Annex.1 dtd.22.8.2006, the said security money was

stipulated to be Rs.5.09 lacs. On 31.8.2006, when the tenders of

different bidders were opened, the tender of the petitioner was found

to be lowest at 5% collection charges and accordingly as per the

terms of the NIT, the petitioner was required to deposit balance sum

of Rs.5,73,333/- vide letter Annex.2 dtd.31.8.2006 of the Dy.

Commissioner (Administration) Commercial Taxes Department,

respondent No.3 to make the deposit of 1/12^th of the expected revenue

of Rs.130 lakhs, which came to Rs.10,83,333/-. The petitioner

accordingly deposited the said balance sum of Rs.5,73,333/- through

SBCWP NO.6066/2006 –M/s SHRI MATESHWARI INDRANI CONSTRUCTION COMPANY PVT. LTD. V/S STATE OF

RAJASTHAN AND ORS. . : JUDGMENT DTD.26.5.2008

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DD No.10094 dtd.1.9.2006 for a sum of Rs.5,74,000/- with the

respondent No.3. In the communication Annex.2 dtd.31.8.2006, the

respondent No.3 also stated that the bid of the petitioner for tax

collection charges was fond to be lowest than other six bidders,

therefore, he may deposit the said balance amount.

2.

According to the petitioner, the respondent No.3 recommended

the case of the petitioner for award of contract to the Dy.

Commissioner (Anti Evasion), Commercial Taxes, Jaipur vide

Annex.4 dtd.2.9.2006 in which it was also pointed that in the NIT

issued by the respondent No.2 on 22.8.2006, the earnest money was

wrongly shown as Rs.5.09 lacs as against Rs.5.90 lacs and the

correction was duly published in “Rajasthan Patrika” and “Dainik

Bhaskar” on 29.8.2006. However, the said amendment could not be

published on the website of the Commercial Taxes Department.

However, since the petitioner's tender was lowest, and he had

deposited complete amount of 1/12^th of the expected amount of

Rs.130 lacs, he may be awarded the contract in question. The

respondent No.3 also conveyed the representation of one Mr.

Makkhan Lal Khoiwal, Tilak Nagar against the said tender process

SBCWP NO.6066/2006 –M/s SHRI MATESHWARI INDRANI CONSTRUCTION COMPANY PVT. LTD. V/S STATE OF

RAJASTHAN AND ORS. . : JUDGMENT DTD.26.5.2008

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dtd.31.8.2006 who had also participated in the said tender process

and his bid was found to be 7.77% against the bid of the petitioner at

5% of the expected r