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2025 DIGILAW 756 (RAJ)

Hema Malviya v. State of Rajasthan

2025-03-12

VINIT KUMAR MATHUR

body2025
Order : Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by a judgment rendered by a Coordinate Bench of this Court in S.B. Civil Writ Petition No.4458/2025 (Kishan Singh Rajpurohit vs. The State of Rajasthan & Ors.), decided on 14.02.2025 The same is reproduced as under :- “1. Learned counsel for the petitioner has stated that the petitioner submitted a bid for purchase of the residential plot bearing No.14-E-247 (Gen.) and 14-E-248 having an area of 210 square meter situated at Chopasani, Jodhpur. According to him, the minimum reserved price for the purchase was 1,05,00,500/-for each plot. While submitting the tender, his bid amount was wrongly calculated and mistakenly quoted more than 200 crore. According to him, that quotation was on the account of a typographical error. 2. The petitioner’s grievance is that since the bid amount which he quoted was exorbitantly high and the same bid was accepted by the respondents to which he expressed his inability to comply with the bid process, since the value which was quoted was Rs.200 crore, whereas the reserved price was only Rs.50,000 for the plot area. 3. Prima faice it appears that the bid which was submitted by the petitioner was due to a mistake in calculation. Since acceptance of the bid is not assailed before this Court, it would not be fair to interfere. The petitioner expresses that the bid amount was quoted very high side which happened on account of this calculation, which prima facie appears to be genuine. 4. Therefore, this Court gives liberty to the petitioner to make a representation to the concerned authorities detailing the circumstances under which the bid amount was made considering the reserved price and area of the land. If any such representation is made, the respondent authorities shall sympathetically consider the same within a period of 45 days of the receipt of the same revoking such a bid and may also consider for refund of the EMD since the quotation amount prima faice appears to be mistake/error in calculation. With the said observations, this writ petition is disposed of. 5. Till such a decision is taken, the amount already deposited shall not be forfeited. While returning the bid amount, the respondents are at liberty to deduct any reasonable expenses they have incurred for the publication of e-tender. 6. With the said observations, this writ petition is disposed of. 5. Till such a decision is taken, the amount already deposited shall not be forfeited. While returning the bid amount, the respondents are at liberty to deduct any reasonable expenses they have incurred for the publication of e-tender. 6. The stay petition also stands disposed of”. 2. In view of the above, the present writ petition is disposed of in terms of the order passed by a Coordinate Bench of this Court in Kishan Singh Rajpurohit’s case (supra). 3. The stay application and other pending applications, if any, also stand disposed of.