IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.12364 of 2009 Date of decision: 17.8.2009 Triputi Infratech Private Limited. -----Petitioner Vs. Financial Commissioner & Principal Secretary to Govt. Haryana & others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Akshay Bhan, Advocate for the petitioner. --- ORDER: 1. This petition seeks quashing of Auction Notice dated 8.8.2009, Annexure P-1, for grant of short term permit for excavation boulder, gravel and sand all minor minerals. 2. Case of the petitioner is that earlier, auction was held on 6.8.2009. The reserve price in the Auction Notice was Rs.10.77 crores. The petitioner gave highest bid of Rs.40 crores. The Committee for considering the bids recommended fresh auction by making following observations:- “The auction process started and after it crossed Rs.38 crores, visible tension started building up inside the hall. The bidders exchanged glances and CWP No.12364 of 2009 situation gradually became very tense. It seemed there were three silent warring groups in the hall. SDM, Jagadhri informed the Presiding Officer that he had information that some of the people outside the hall who had accompanied the bidders could foment trouble and the bid has gone very high. In such a situation when the bid crossed Rs.40 crores, the committee came to the conclusion that the auction cannot be carried in a free and fair manner and hence it was postponed. The committee recommends that the date for fresh auction may be fixed at the earliest.” 3. Accordingly, fresh Auction Notice has been issued, fixing Rs.40 crores as the reserve price. 4. Contention raised on behalf of the petitioner is that once the petitioner had given highest bid, there was no occasion for fresh auction only on the ground that the bid was highest. In the Auction Notice itself, the reserve price has been kept at Rs.40 crores. In these circumstances, the decision was irrational. Reliance has been placed on judgment of this Court in State of Haryana and others v. Kundan Lal and others 2005(1) RCR (Civil) 381, para 17, to submit that reasons for re-auction must have nexus with public interest. 5. We do not find any merit in the contention raised. There is nothing to show that the decision taken is malafide or to help any other person, as alleged. If the Committee has 2 CWP No.12364 of 2009 recommended re-auction, having regard to the fact that as against the reserve price of 10.77 crores, the bids had crossed Rs.40 crores and it may be appropriate to have a fresh auction after fixing higher reserved price, justification for such a decision cannot be weighed in golden scales. There has to be free play in joints. No harm is done to public interest or even to the petitioner if fresh auction is held with reserve price of Rs.40 crores. 6. No ground is, thus, made out for interference with the holding of fresh auction. 7. The petition is dismissed. (ADARSH KUMAR GOEL) JUDGE August 17, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3