- (1.) By means of the present writ petition, the petitioner seeks a writ, order or direction in the nature of mandamus directing the opposite parties not to proceed further in pursuance of the auction bid dated 30th March, 2012 pertaining to Abhivahan Shulk of Zila Panchayat, Saharanpur for its confirmation or settlement in favour of the opposite party No. 7. A further writ, order or direction in the nature of mandamus has been sought directing the opposite parties to settle the auction in favour of the petitioner for the amount of Rs. 10 crores ignoring the offer of opposite party No. 7, which was only for Rs. 6,02,21,000/-. Briefly stated the facts giving rise to the present petition are as follows: Upper Mukhya Adhikari, Zila Panchayat, Saharanpur got published an auction notice on 18th March, 2012 in two Hindi daily newspapers-Amar Ujala and Dainik Jagran-proposing auction for collection of Abhivahan Shulk from the vehicles used for transportation of the mines minerals and to control the same in the systematic manner. One of the conditions was that the intending bidder will deposit Rs. 50.00 lacs by bank draft as earnest money and shall also produce a solvency certificate of Rs. 2.00 crores. The petitioner deposited a bank draft of Rs. 50.00 lacs and also produced a solvency certificate of Rs. 2.00 crores. It participated in the auction proceedings held on 30th March, 2012. According to the petitioner it had given a bid of Rs. 10.00 crores whereas the respondent No. 7 had given a bid of Rs. 6,02,21,000/- and the authorities had illegally and arbitrarily stopped the petitioner from participating in the auction thereafter and accepted the bid of Rs. 6,02,21,000/- offered by the respondent No. 7.
(2.) Sri M.D. Singh Shekhar, learned Senior Counsel, appearing for the petitioner submitted that the entire bidding process has been videographed and from the videography so made it is clear that the petitioner had offered a bid of Rs. 10.00 crores which was not considered by the authorities.
(3.) Sri V.K. Dixit, learned Counsel appearing for Zila Panchayat, Saharanpur filed a counter-affidavit enclosing a copy of the Bid-sheet as Annexure No. CA-2. In the Bid sheet the offer given by the petitioner has been mentioned as Rs. 6,02,15,000/-. In all five persons, who had participated in the proceedings, except the petitioner remaining four persons had signed the Bid-sheet. There is no noting on the Bid sheet that the petitioner had refused to sign.;