KOTHARI, J. - (1.) These two appeals arise out of the judgment and order of learned Single Judge dated 2.4.2009 disposing of the two writ petitioners with the direction to the petitioners to appear before the Secretary, Mines and Geology Department, Govt, of Rajasthan, Jaipur on 13.4.2009 and on that date the Secretary, Mines Department, after providing opportunity of hearing to the petitioners, was directed to take final decision and decide the grievance of the petitioners about the contract in question.
(2.) The facts leading to filing of the two writ petitions by the unsuccessful bidders in the contractual process, which was initiated by the Mining Department of Govt, of Rajasthan for awarding contract of collection of excess royalty, are in the following manner.
(3.) On 12.1.2009 the notice inviting tenders was issued by the Director, Mines for collection of excess royalty for the period 1.4.2009 to 31.3.2011. The tenders were to be submitted by 3pm on 4.2.2009 and the tenders were to be opened on the same date at 4 pm. The present appellant M/s. Ridhi Sidhi Associates gave the highest bid at Rs. 81.77 crores against the reserve price of Rs. 73.68 crores and a provisional acceptance was issued in favour of the present appellant and as per the terms of the NIT the present appellant also furnished the security deposit in the form of FDR of Rs. 10.22 crores. The said provisional approval was conveyed by the Director of Mines and Geology for approval to the State Government on 16.2.2009 and according to the present appellant on 14.3.2009 the first monthly installment towards said contract of Rs. 6,81,48,150/- was also deposited by him. The said grant of contract in favour of the present appellant was sought to be challenged by the respondent-petitioners by way of two writ petitioners before the learned Single Judge, one by M/s. Parth Network (P) Ltd. Udaipur and another by one Ramswaroop Chhotiya. According to these writ petitioners, while the said Ramswaroop Chhotiya participated in the said tender process and his bid was lessor than the present appellant, the other writ petitioner M/s. Parth Network (P) Ltd. contended before the Court that it was prevented by sufficient cause from participating in the tender process on account of resistance of certain persons and the Director, Mines was informed by telegram on 4.2.2009 that it was prepared to give highest bid of Rs. 84 crores than the present appellant for the same contract. The said writ petitioner also contended before the learned Single Judge that it had kept ready the demand drafts for security deposit and, therefore, the award of contract in favour of present appellant deserves to be set aside.;