Patna High Court
M/S Laxmi Hp Gas Agency vs The State Of Bihar on 27 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2320 of 2025
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M/S Laxmi HP Gas Agency Through its Prop. Abhishek Kumar, aged about
35 Years, (Male) Sonf of Vinay Prasad, Resident of Kagaji Mohalla New
Pakka House, Obra, P.S.-Obra District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Department of
Mines and Geology, Bihar, Patna.
2. The Additional Chief Secretary, Department of Mines and Geology, Bihar,
Patna.
3. The Director, Mines, Bihar, Patna.
4. The District Magistrate, Aurangabad.
5. The Additional District Magistrate, Aurangabad.
6. The Mineral Development Officer, District Mining Office, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (5)
For the Mines : Mr. Naresh Dikshit, Spl. PP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 27-02-2025
Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner, GP-05, learned counsel for the State and Mr. Naresh
Dikshit learned counsel for the Mines Department.
2. The present writ petition has been filed for quashing
the order contained in Memo no. 330 dated 17.01.2025 issued by
respondent no.3 by which he has directed the respondent no.4 to
invite fresh notice inviting tender with respect to settlement of
sand ghats bearing ghat no. Aurangabad Sone 16 B in the District
of Aurangabad ignoring the fact that this was the 4 th consecutive
Patna High Court CWJC No.2320 of 2025 dt.27-02-2025
2/5
notice inviting tender in which the petitioner had participated and
vided up to Rs. 9,80,10,000/-i.e. one vide above the minimum
reserve value and further for quashing the order contained in
Memo no.130 dated 21.01.2025 issued by the respondent no. 4 by
which tender of the petitioner has been cancelled and further for
directing all the respondent authorities to allot the settlement of the
above sand ghat in favor of the petitioner.
3. Learned counsel for the petitioner submits that
initially in a short notice inviting e-auction for settlement of sand
ghats situated in the District of Aurangabad including sand ghat
situated at Block 16B at Sone river was published but no one
participated in the said auction which was schedule to be held on
26.12.2023.
4
. Thereafter again the respondents issued a short notice
inviting e-auction for settlement of sand ghats in question on
27.01.2024 but no one come forward to participate in the said
auction and thereafter again a notice inviting e-auction for
settlement of sand auction was published on 18.08.2024 but again
no one participated in the tender process.
5. Learned counsel for the petitioner submits that again
the respondents had published short notice inviting e-auction for
settlement of sand ghats in question on 05.10.2024 and petitioner
Patna High Court CWJC No.2320 of 2025 dt.27-02-2025
was having all the requisite qualification for participating in the
settlement of the sand ghats in question and he had filed tender
document after depositing earnest money amounting to Rs.
2,22,75,000/- (Two Crore Twenty Two Lac Seventy Five
Thousand) which was 25% of the minimum reserve deposit which
was Rs. 8,91,00,000/-. The petitioner was declared successful in
technical bid and received information through e-mail on
15.11.2024. Thereafter the auction was held on 16.11.2024 in
which the petitioner participated and as he was single tenderer in
the said auction he was required to bid one more higher bid of
10% amounting to Rs. 89,10,000/- and petitioner became ready to
take the aforesaid sand ghat Block 16B for Rs. 9,80,10,000/-.
8. Learned counsel for the petitioner submits that
thereafter the respondent no.4 vide letter no.1490 dated 19.11.2024
and letter No. 1695 dated 31.12.2024 recommended the case of the
petitioner for the settlement of the above sand ghat Block 16B but
the respondent no.3 had issued impugned order contained in
Memo No. 330 dated 17.01.2025 by which respondent no.3 has
directed respondent no.4 to invite fresh notice inviting tender with
respect to settlement of sand ghats.
9. Learned counsel for the Mines Department had filed a
counter affidavit and stated therein that merely by participating in
Patna High Court CWJC No.2320 of 2025 dt.27-02-2025
the tender and being single bidder, does not qualify the petitioner
for settlement as a matter of right and does not bar respondents
from floating further tender notice and the respondent no.3 for
floating new tender only in accordance with Clause 19(vi) of the
tender document as well as in compliance of Notification No.
1051, dated 13.02.2017 issued by the Finance Department,
Goverment of Bihar where process for fresh tender is prescribed in
case of single tender for the first time.
10. Learned counsel for the respondents further submits
that in fact in first three tender notice, there was no participation
and in 4th, there was only one bid, therefore, in accordance with
Clause 19(vi) of tender document and notification no. 1051 dated
13.02.2017 issued by the Finance Department, Government of
Bihar, it was obligatory in interest of revenue of State to seek for
fresh tender in order to explore for new entrants and to gain more
revenue and there has not been any allotment letter issued in
favour of the petitioner and no agreement was signed between
parties and the respondents had already issued a fresh tender notice
and which was completed on 21.01.2025 and the same is allotted
to another person.
11. Having heard the counsel for parties and perused the
terms and conditions of the notice inviting tender as well as Clause
Patna High Court CWJC No.2320 of 2025 dt.27-02-2025
19(vi) of the tender document and notification no. 1051 dated
13.02.2017 issued by the Finance Department, Government of
Bihar, no case is made out for interference of this Court in the
present writ application. It is, accordingly, dismissed.
(Rajesh Kumar Verma, J)
Suruchi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.03.2025
Transmission Date NA
