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Supreme Court of India 2023-03-03 allowed

Debidutta Mohanty vs Ranjan Kumar Pattnaik & Ors

Bench: 2 — M. R. Shah, B. V. Nagarathna

In Brief

This case concerns a sand mining lease granted through auction in Odisha. The second-highest bidder was awarded the lease after the highest bidder was disqualified. The bidder had submitted a solvency certificate issued in his individual name, though a government order explicitly required it to be issued in the name of the charitable trust that owned the property. The third-highest bidder challenged the certificate as invalid. The Supreme Court held that the bidder deliberately and willfully obtained an invalid certificate in contravention of specific administrative directions, rendering his bid void from inception. The Court set aside the High Court's judgment that had upheld the lease, restored the Collector's order cancelling it, and cancelled the fresh lease deed subsequently granted.

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Mineral Concessions Administrative Law Auction/Tender Fraud Void Contracts

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