Allahabad High Court

REJECTION OF HIGHEST BIDS FOR TECHNICAL IRREGULARITIES DEFEATS THE OBJECTIVE OF MAXIMIZING PUBLIC REVENUE PROCEEDS.

M/S Kant Construction Company vs State Of U.P. And 3 Others

Allahabad High CourtJUDGMENT: May 08, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners participated in an e-auction notice dated January 12, 2026, for mining leases under Chapter IV of the U.P. Minor Minerals (Concession) Rules, 2021

Source reference: para. 2

Their bids were rejected on technical grounds, specifically for failing to submit physical copies of original documents (affidavits, demand drafts, or challans) prior to the opening of bids, as allegedly required by Clause 4 of the auction notice

Source reference: paras. 3-4

The petitioners argued they had successfully uploaded the digital copies and that the authorities manipulated the process by removing physical submissions to favor other bidders

Source reference: paras. 6-8

The respondents contended that Clause 4 was mandatory and its violation necessitated rejection

Source reference: paras. 9-10
02

Issues

1. Whether the rejection of bids based on the non-submission of physical hard copies, despite the digital uploading of required documents, was legally sustainable or constituted a misconstruction of tender conditions

Source reference: paras. 15-16

2. Whether the requirement to submit a physical challan and original affidavit is an essential condition whose omission warrants the exclusion of a higher bidder in the context of maximizing state revenue

Source reference: paras. 16-18
03

Law Applied

the principle that a public tender is an instrument of governance intended to maximize public value

Source reference: para. 5

tender conditions must be interpreted consistently to advance the object of the tender (revenue maximization) rather than defeat it through demonstrable misconstruction or irrationality [Shanti Construction Pvt. Ltd. vs. State of Odisha (2025)]

Source reference: paras. 5, 10, 15

Rules 26 and 27 of the U.P. Minor Minerals (Concession) Rules, 2021, which govern e-auction procedures and eligibility regarding outstanding mining dues

Source reference: paras. 6, 11, 16
04

Reasoning

The court found that Clause 4 of the tender notice, while mentioning physical submission for verification, did not explicitly mandate rejection for mere failure of physical delivery if digital uploading was completed

Source reference: para. 16

The court reasoned that since all bids were opened simultaneously, the technical disqualification after the fact suggested "doubtful action"

Source reference: para. 16

It held that an omission to file a physical affidavit or a specific bank challan reached the level of a "mere irregularity" rather than a fatal flaw, especially since the authority could verify the status of mining dues or request re-issuance of demand drafts later

Source reference: para. 16

The court emphasized that the state’s duty to maximize revenue from natural resources outweighs hyper-technical procedural requirements that exclude higher bidders without affecting the substance of the bid

Source reference: paras. 15-18
05

Holding

The Court answered both issues in the negative, holding that the misconstruction of tender conditions by the authorities vitiated the decision-making process

The Court quashed and set aside the Letters of Intent (LoIs) issued to the private respondents (Serial Nos. 7, 8, and 9). It directed the petitioners to deposit fresh demand drafts and ordered the State to issue new LoIs in favor of the petitioners within three weeks, citing their higher bid amounts. The court further dispensed with the "right of first refusal" for landowners as they had failed to exercise it against the earlier lower bids.

Source reference: para. 18
Allahabad High Court

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M/S Kant Construction CompanyvsState Of U.P. And 3 Others

Allahabad High Court · May 08, 2026

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