- (1.) The order impugned has been rendered in S.B.Civil Writ Petition No.13741/2012 instituted by M/s Ganpati Associates (respondent no.4 in appeal no.118/2013 and appellant in appeal no.119/2013) questioning the validity of the provisional acceptance of the tender of M/s Shiv Shanker Company (appellant in appeal no.118/2013 and respondent no.3 in the writ petition) for grant of lease in relation to excavation of Bajri from river/nala/bhala recorded as Gair Mumkin in the revenue record of Tehsil Luni District Jodhpur. Thereby, however, the official respondents (in appeal no.118/2013) have been directed to accept the bid of the respondent no.5 to the tune of Rs.28 crores offered in Court for the work involved and to execute a contract therefor in its favour.
(2.) We have heard Mr.M.S.Singhvi, Senior Advocate with Mr.Vikas Balia and Mr.Hemant Dutt for the appellant-M/s Shiv Shanker Company in appeal no.118/2013. Mr.N.M.Lodha, Senior Advocate with Mr.N.R.Choudhary and Mr.V.D.Dadhich for the appellant-M/s Ganpati Associates in appeal no.119/2013, Mr.G.R.Punia, Additional Advocate General with Mr.R.K.Soni for the Staterespondents and Mr.Dinesh Mehta for the respondent no.5-M/s Surya Associates.
(3.) The thumbnail facts leading to the filing of the instant appeals are that in response to a Notice Inviting Tender (for short, hereinafter referred to as "the NIT") issued by the Superintending Engineer, Mines and Geology Department, Jodhpur under Rules 21 and 35 of the Rajasthan Minor Mineral Concession Rules, 1986 (for short, hereinafter referred to as "the Rules"), the appellants and respondent no.5 submitted their tenders quoting their bids as hereunder: JUDGEMENT_186_LAWS(RAJ)4_2013.htm;