M/S.RAMRAJA TRADERS Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan, learned counsel appears on behalf of petitioner.

(2.) The petitioner after visiting the area participated in the bid by getting himself registered with all formalities with MSTC and after transfer of earnest money and application fee Rs.15,000/-, and the earnest money Rs.1,57,50,000/- through RTGS applied online on MSTC Portal for grant of mining lease for the area in question, viz Gata No.3/1/1, Khand-1, Area 21 hectares of Village Barsanamanpur, Tehsil Narayani, District Banda. The bid of the petitioner @ Rs.207/ cubic meter being highest, was accepted. And as per Condition No.17 of the Government Order dated 14/08/2017 which was Condition No.19 of the Advertisement the petitioner was under an obligation to get the original documents verified within three days from the date of completing of e-tender. The petitioner however did not comply the said condition which led the respondent to issue Letter No.2698/Khanij-30, Banda dated 22/10/2018. However, as the petitioner did not comply the same, the District Magistrate vide order dated 24/1/2019 forfeited the earnest money.

(3.) In the interregnum i.e. between the period of acceptance of bid and the passing of order dated 24/1/2019, the petitioner visited this Court vide Writ-C No. 36068/2018 for the following directions: