The Patna High Court has recently dismissed a petition challenging the e-auction process for settlement of sand ghats in West Champaran.
The petitioner alleged irregularities in the bidding process, specifically that three participants had bid from the same IP address, violating Clause 18 of the tender document.
On March 23, 2023, the Mines and Geology Department, Government of Bihar, invited bids for the e-auction, with the last date of submission being March 31, 2023.
The petitioner, along with others, submitted their bids, but was ranked 11th out of 12 participants. The successful bidder was selected on April 10, 2023.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy found that the petitioner failed to provide specific allegations of violations of the bid document terms and had not challenged their own failure to succeed in the bidding process.
Additionally, the petitioner delayed filing the application by approximately one year and six months without providing any explanation.
The court cited the Supreme Court’s judgment in S.S. & Co. vs. Orissa Mining Corporation Ltd. (2008) 5 SCC 772, stating that the petitioner had no right to challenge the process since they did not succeed in the bid and were ranked last among the participating bidders.
In conclusion, the Patna High Court dismissed the petition, finding no merit in the petitioner’s allegations of irregularities in the e-auction process.
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