SHIVA CORPORATION INDIA LIMITED Vs. DEVDASHRATH

JUDGEMENT

(1.) The applicant herein seeks to maintain an intra-court appeal against the order dated 13.04.2012 as passed in CWP No.2996/2012 whereby the learned Single Judge of this Court has allowed the writ petition filed by the respondent No.1 against the respondents Nos. 2 to 4 in relation to a contract for collection of royalty and other charges for the mineral Sandstone, as dispatched from the areas held under quarry licenses within Tehsil Jodhpur, District Jodhpur.

(2.) The appeal filed by the applicant-appellant remains on the defect side with the office having raised the objection that the appellant was not a party to the writ petition. The applicant has moved an application seeking leave to appeal. We have heard the learned counsel for the parties at length on the application so moved by the applicant.

(3.) The relevant background aspects of the matter are that the Superintending Mining Engineer, Jodhpur invited tenders under a notification dated 23.01.2012 for awarding different royalty etc. collection contracts in terms of the Rajasthan Minor Mineral Concession Rules, 1986 ('the Rules of 1986'). The subject matter of the present case relates to item No.3 of the said notification for the area and mineral as referred hereinabove. In regard to the contract in question, the mining department stated the yearly reserve price at Rs.22,38,90,000/-; the tenders were to be received by 14.02.2012 and were to be opened on 16.02.2012. These dates for receiving and opening the tenders were later on extended to 22.02.2012 and 24.02.2012 respectively. In view of condition No. 2 of the notification, as the reserve price was beyond Rs. 10 lacs, the tenderer was required to submit, inter alia, a registration certificate per Rule 32(4) of the Rules of 1986. It is asserted that the applicant M/s. Shiva Corporation (India) Ltd. is duly registered in terms of Rule 32(4) ibid.; and offered its rates for the contract in question at Rs.27,17,00,000/- as against the reserve price.