1 SB CW No. 7859/2010 Sukhlal & Company Vs State & Another IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No. 7859/2010 Sukhlal & Company Versus State of Rajasthan & Another. 28.05.2010 Hon'ble Mr. Narendra Kumar Jain,J. Dr. Ram Kishan Sharma, for the petitioner. Heard learned counsel for the petitioner. 2. Submission of learned counsel for the petitioner is that Director, Fisheries Department issued a notice inviting tenders on 25.03.2010 and invited bids for fishing rights in various declared waters including one Bandh Som Kamla Amba, District Dungarpur. The petitioner was second highest bidder. First highest bid for Bandh Som Kamla Amba was of Shri Ramesh Joshi, but he did not deposit the requisite amount, and his security amount was forfeited. There were other tenders also wherein first bidders did not deposit the requisite amount and their security amount was forfeited and contracts were allotted to second highest bidders. The 2 SB CW No. 7859/2010 Sukhlal & Company Vs State & Another petitioner filed a representation dated 03.05.2010(Annexure-5) before the respondents, but the same was not considered and decided and the respondents have already fixed the date, i.e. 7th June, 2010 for re- auction of the said tender. 3. He has further submitted that when second highest bids of other similar situated persons were considered and accepted, then there was no reason for not considering the case of the petitioner. In these circumstances, learned counsel contended that he may be granted a liberty to file a fresh representation before the respondents and the same may be directed to be considered and decided before 7th June, 2010. 4. I have considered the submissions of learned counsel for the petitioner. From the pleadings it appears that first bidder of the Bandh Som Kamla Amba, District Dungarpur was shri Ramesh Joshi and his bid amount was Rs. 99,99,999.99/-(Rupees Ninety Nine Lakhs Ninety Nine Thousands Nine Hundreds and Ninety Nine Paise). However, he did not deposit the requisite amount and his security 3 SB CW No. 7859/2010 Sukhlal & Company Vs State & Another amount was forfeited. The petitioner also participated in the auction proceedings and his bid amount was Rs. 88,88,888.88/-(Rupees Eighty Eight Lakhs Eighty Eight Thousands Eight Hundred Eighty Eight and Eighty Eight Paise). This Court is not aware about correct factual aspect of the matter. Under these circumstances, it is thought fit and proper to allow the petitioner to file a representation before the respondents. 5. Consequently, the writ petition is disposed of with liberty, as prayed for and it is directed that in case representation is filed by the petitioner before the respondents on or before 31.05.2010, then the same shall be considered and disposed of by the respondents on or before 5th June, 2010. It is made clear that in case the respondents fail to consider and decide the representation of the petitioner, then so called re-auction will not take place on 7th June, 2010. (Narendra Kumar Jain),J. Manoj Item No.4.