- (1.) Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan, learned counsel appears on behalf of petitioner. Learned Standing Counsel appears on behalf of State-Respondents. 1. A Notice Advertisement was published on 13.09.2018 by District Magistrate, Banda for the settlement of mining leases of sand/moram under the U.P. Minor Minerals (Concession) Rules, 1963 for 5 mining Blocks, by e-tendering and as per Condition No. 13 (6) of the Government Order dated 14.08.2017 respective applicants had to deposit Rs.15,000/- as application fee and 25% of the bid amount as earnest money separately for each area. That term and condition no.19 and 22 (1) of the Advertisement stipulated that within three days from the date of acceptance of bid, the successful bidder shall deposit the requisites mentioned therein and that before participating in the bid the bidders were first require to satisfy themselves by physically verifying the determined quantity of mineral and the approach road to the site. These clauses are reproduced for ready reference:
(2.) The petitioner after visiting the area participated in the bid by getting himself registered with all formalities with MSTC and after transfer of earnest money and application fee Rs.15,000/-, and the earnest money Rs.1,57,50,000/- through RTGS applied online on MSTC Portal for grant of mining lease for the area in question, viz Gata No.3/1/1, Khand-1, Area 21 hectares of Village Barsanamanpur, Tehsil Narayani, District Banda. The bid of the petitioner @ Rs.207/ cubic meter being highest, was accepted. And as per Condition No.17 of the Government Order dated 14/08/2017 which was Condition No.19 of the Advertisement the petitioner was under an obligation to get the original documents verified within three days from the date of completing of e-tender. The petitioner however did not comply the said condition which led the respondent to issue Letter No.2698/Khanij-30, Banda dated 22/10/2018. However, as the petitioner did not comply the same, the District Magistrate vide order dated 24/1/2019 forfeited the earnest money.
(3.) In the interregnum i.e. between the period of acceptance of bid and the passing of order dated 24/1/2019, the petitioner visited this Court vide Writ-C No. 36068/2018 for the following directions: "i. issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to accept the request of the petitioner with regard to the withdrawal of site for mining operation on plot no. 3/1/1 (Part-I) situated at Barsana Manpur, Tehsil Naraini, District Banda; ii. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to refund the earnest money deposited by the petitioner in pursuance of the advertisement dated 13.09.2018 along with the interest @ 9% per annum; iii. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to decide the representation dated 25.10.2018 of the petitioner (Annexure No. 4 to the writ petition); iv. issue an appropriate writ, order or direction in the nature of mandamus commanding the respondent no. 2 to issue a survey panel to examine the exact quantity of mineral available on the site.";