--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE D.B.: HON'BLE MR. SHANTANU KEMKAR AND HON'BLE MR. S. C. SHARMA, JJ WRIT PETITION NO. 5344 / 2011 AMIT BHAVSAR Vs. STATE OF MP & OTHERS A N D WRIT PETITION NO. 5345 / 2011 DIGIANA REAL ESTATE DEVELOPERS PVT. LTD., Vs. STATE OF MP & OTHERS * * * * * O R D E R ( 12/7/2011) PER S. C. SHARMA, J :- Regard being had to the similitude in the controversy involved in the matter, the above cases were heard together and a common order is being passed. The facts of WP No. 5344 / 2011 are narrated as under : The petitioner before this Court has filed this present writ petition being aggrieved by the tender notice dt. 4/7/2011 issued by the M.P. State Mining Corporation, --- 2 --- Bhopal inviting online tenders for contract of sale of sand. The contention of the petitioner is that an advertisement was published on 4/7/2011 and online tenders were floated by the Department. It has been further stated that a contractor as per the tender notice is required to submit e-tender only online and clause (4) of the tender notice reads as under : “4. Since the online bideders are required to sign their bids online using Class – III – Digital certificates only, Contractors are advised to obtain the same at the earliest. For further information, Contractors are requested to contact Next Tenders (India) Pvt. Ltd., A-6 Sahyog Parisar, E-8, Shahpura, Opp. Maakhan Lal University, Bhopal – 462039, Tel. No. : 0755 – 4075010 95, Email Address : bhopal@nextenders.com. Note : It may take upto 4 working days to issue Digital Certificates.” That however in “General terms & conditions) the aforesaid condition have been modified which is as under: Note: It may take upto 7 working days for issuance of Class III Digital Certificate, hence the bidders are advised to obtain them at the earliest. The petitioner's grievance us that for purchasing and submitting the tender he is required to have internet banking facility and for availing the internfet banking facility --- 3 --- minimum 15 days time is required. The petitioner has further stated that the last date to deposit the online tender is 11/7/2011 and as he does not have internet banking facility, he is not able to participate in the tender process. The petitioner has prayed for quashing of the advertisement dt. 4/7/2011 in the relief clause. Heard learned counsel for the petitioner on the question of admission as well as learned counsel appearing for State Mining Corporation on advance notice. In the present case, it is not in dispute that a tender notice was published in newspaper on 4/7/2011 and the last date to purchase the tender was 9/7/2011. The date of submission as reflected in tender notice is 12/7/2011. However, it has been informed by the learned counsel for the mining corporation that the last date has been extended in respect of the tender in question upto 14th of this month. He has drawn attention of this Court towards (Annexure P/3) which was issued a year back in the year 2010 and the same has not been disputed by the petitioner which provides for a detailed procedure for obtaining online tenders. The --- 4 --- practice of submission of online tenders is in existence in the MP State Mining Corporation and the same is being followed for the last 1 year. Merely because the petitioner does not have an internet banking account, it does not mean that the tender condition for submitting online tender is bad in law. This court has carefully gone through the tender conditions and is of the considered opinion that the respondents as they have resorted to e-tender process they were justified in issuing the tender notice and were also justified in directing the participants to submit online tender. The practice of submission of online tender as already stated earlier is in existence for the last 1 year and on this ground the question of interference in a writ petition under Article 226 of the Constitution of India does not arise. The admission is declined. (SHANTANU KEMKAR) (S. C. SHARMA) J U D G E J U D G E KR