CHAINA RAM VS. STATE OF RAJASTHAN & ORS

(S.B.CIVIL WRIT PETITION NO.5787/13) alongwith one connected matter

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

ORDER

1.

CHAINA RAM VS. STATE OF RAJASTHAN & ORS.

(S.B.CIVIL WRIT PETITION NO.5787/13)

2.

M/S KUBER ASSOCIATES & ORS. VS. STATE OF

RAJASTHAN & ORS.

(S.B.CIVIL WRIT PETITION NO.5834/13)

Dated:

14^th March, 2014.

HON'BLE MR.JUSTICE SANGEET LODHA

Mr.Dinesh Mehta, for the petitioners-M/s. Kuber Associates and

others.

Mr.Manoj Bhandari alongwith Mr.V.D.Dadhich, for the petitioner-

Chaina Ram.

Dr. P.S.Bhati, Additional Advocate General, assisted by Mr.

Mohnit Bhatnagar, for the respondents.

Reportable

1.

These two writ petitions, which relate to grant of mining

lease for excavation of river sand (bazari) from rivers, drains,

nadi, nala, bhala etc. recorded as 'Gair Mumkin' in the revenue

record of various revenue villages of Tehsil-Jaitaran, District-Pali,

pursuant to the Notice Inviting Tender (NIT) dated 20.11.12,

issued by the Superintending Mining Engineer, Department of

Mines, Government of Rajasthan were heard together and are

being disposed of by this common order.

2.

The petitioners-Kuber Associates & Others have filed the

writ petition No.5834/13 aggrieved by the order dated 26.4.13

issued by the Superintending Mining Engineer, in compliance of

CHAINA RAM VS. STATE OF RAJASTHAN & ORS

(S.B.CIVIL WRIT PETITION NO.5787/13) alongwith one connected matter

2

order dated 17.4.13 issued by the Directorate, Mines,

Government of Rajasthan, directing to issue a fresh NIT for grant

of mining lease in question, on account of rejection of

petitioner's bid as invalid and non confirmation of the bid offered

by the petitioner-Chaina Ram.

3.

The petitioner-Chaina Ram has preferred the writ petition

No.5787/13 aggrieved by the action of the respondents in

rejecting the bid offered by him and issuing a fresh NIT as

aforesaid, for the award of the mining lease for the area in

question.

4.

The relevant facts in nutshell are that in exercise of the

power conferred under Rule 21 & 35 of the Rajasthan Minor

Minerals Concession Rules, 1986 (for short “the Rules”), the

Superintending Mining Engineer, Jodhpur, issued a NIT dated

21.11.12 for grant of mining lease for excavation of bazari from

rivers, drain, nadi, nala, bhala etc. which are recorded in the

revenue record as Gair mumkin in the various areas specified

falling within territorial limit of Jodhpur circle of Department of

Mines, Government of Rajasthan. The present petitions relate to

item no.13 of the NIT i.e. the grant of mining lease for

excavation of the bazari from the gair mumkin river, nala etc.

falling within the area of various revenue villages of Tehsil-

Jaitaran.

CHAINA RAM VS. STATE OF RAJASTHAN & ORS

(S.B.CIVIL WRIT PETITION NO.5787/13) alongwith one connected matter

3

5.

The procedure for holding auction for mining leases under

Rule 21 of the Rules is prescribed under Rule 34 of the Rules and

the procedure for calling tenders is governed by Rule 35 of the

Rules.

6.

Rule 35(vi) of the Rules mandates that every tender shall

be accompanied by the documents as specified. Since the

controversy involved in the matter rolls around Rule 35(vi) of the

Rules, the same is reproduced hereunder for ready reference:

“(vi) Every tender shall be accompanied by:

(a) earnest money equal to 10% of yearly tender amount

in the form of Demand Draft or Banker's Cheque drawn in

favour of the Assistant Mining Engineer/ Mining Engineer

concerned or in any other mode as notified by the

Government from time to time.

Provided that no interest shall be paid by the Government

on the earnest money deposited as above.

[(aa) a non refundable application fees as prescribed in

rule 5 in the form of Treasury Challan or Demand Draft/

Banker's Cheque drawn in favour of Assistant Mining

Engineer/Mining Engineer concerned in c