B. S. Chauhan, J. - (1.) -This writ petition has been filed for issuing a writ of certiorari quashing the order dated 12.9.2003 (Annexure-7), by which the bid of the petitioner, though the highest, has not been accepted, and also for quashing the order dated 16.9.2003 (Annexure-8), by which the fresh auction is going to be made.
(2.) THE facts and circumstances giving rise to this case are that petitioner has been the highest bidder for a sum of Rs. 3,90,000 when the auction was held on 22.8.2003 under the provisions of U. P. Minor Minerals (Concession) Rules, 1963 (hereinafter called the 'Rules 1963'), and he deposited a sum of Rs. 1,95,000 as was a condition of the notice. THE District Magistrate vide order dated 16.9.2003 did not approve the bid and asked for a fresh auction of 11 Moram Ghats, including the Karari Moram Ghat, auctioned earlier. Hence this petition. The learned counsel for the petitioner has submitted that once the petitioner has been the highest bidder and that too on the 4th occasion of the auction as in the earlier three auctions, no person came forward to give the bid, and petitioner has deposited Rs. 1,95,000, the question of holding the fresh auction does not arise. Hence, the orders impugned are liable to be quashed. Learned standing counsel has submitted that as under the provisions of Rule 27 (e) (i) of the Rules, 1963, every bid given in such circumstances requires to be accepted finally by the State Government or the District Magistrate, as the case may be, and the contract does not stand concluded inasmuch as the bid is accepted by the State/District Collector and in the instant case, as the Collector did not accept the bid, no right has ever accrued, in favour of the petitioner. Hence, the petition is liable to be dismissed.
(3.) WE have heard the learned counsel for the parties and perused the record. Undoubtedly, the provisions of Rule 27 (e) (i) of the Rules, 1963, provide that bid shall not be treated as accepted unless the State Government or the District Collector, as the case may be, accepts it.;