- (1.) These proceedings have been instituted in the public interest. The subject matter of the writ petition relates to the award of a contract by the Zila Panchayat of Saharanpur for the realization of a fee from vehicles carrying mines and minerals for the period between 1 April 2015 to 31 March 2018 in the total amount of Rs 6.40 crores. The principal basis on which the petition has been filed is that for the previous contractual period between 2012 to 2015, the total value at which an agreement was executed was Rs 17.10 crores. As a consequence of the bid which was accepted in the bidding process for the current cycle, the revenue stands to loose an amount of Rs 10.70 crores.
(2.) An affidavit was filed by the Tax Officer of the Zila Panchayat, Saharanpur on 8 September 2015 in response to the petition. The affidavit states that a public notice was issued in the newspapers on 20 January 2015 for an auction which was fixed for 7 February 2015. No bids were received and the auction was postponed. Thereafter, in pursuance of a notice dated 6 February 2015, an auction was to take place on 13 March 2015 but on that date, two firms participated in the auction where the highest bid was in the amount of Rs 6.21 crores. The bid was not sanctioned by the Chairperson on the ground that it was not found to be sufficient and hence a fresh auction notice was published in the daily newspapers on 14 March 2015 for an auction to be conducted on 20 March 2015. On 20 March 2015, the highest bid which was received was in the amount of Rs 6.21 crores which was again not sanctioned on the ground of insufficiency of the bid amount and a fresh auction notice was published on 21 March 201 for an auction on 26 March 2015. At the auction which was held on 26 March 201, the highest bid was of the third respondent, an entity by the name of Yamuna Enterprises for a value of Rs 6.40 crores.
(3.) On 26 March 2015, a communication was addressed by the Uppar Mukhya Adhikari, Zila Panchyat, Saharanpur to the Principal Secretary, Panchayat Raj. On 6 April 2015, the Uppar Mukhya Adhikari issued directions for the execution of an agreement with the third respondent.;