M/S United Coal Carrier vs Rajasthan State Mines And Mineral … on 30 March, 2026

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    Rajasthan High Court – Jodhpur

    M/S United Coal Carrier vs Rajasthan State Mines And Mineral … on 30 March, 2026

           [2026:RJ-JD:13125-DB]
    
    
    
                 HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                                  JODHPUR
                           D.B. Civil Writ Petition No. 15655/2024
    
           M/s United Coal Carrier, Main Road, Po Jharia-82811, District
           Dhanbad, Jharkhand Through Authorized Representative Namely
           Arvind Singh Rathore S/o Shri Darshan Singh Rathore, Aged
           About 28 Years, R/o 1-A, Maa Vaishnow Nagar, Yadav Farm, Jodi
           Farm, Jaipur-302012, India.
                                                                                  ----Petitioner
                                                  Versus
           1.        Rajasthan State Mines And Mineral Limited, 4, Meera
                     Marg, Udaipur-313004 Through Chairman.
           2.        Managing Director, Rajasthan State Mine And Minerals
                     Limited Having Its Office At 4, Meera Marg, Udaipur,
                     Rajasthan.
           3.        Head Constable, Rajasthan State Mine And Minerals
                     Limited Having Its Office At 4, Meera Marg, Udaipur,
                     Rajasthan.
                                                                               ----Respondents
    
    
            For Petitioner(s)             :    Mr. Sudhir Gupta, Sr. Advocate
                                               assisted by Ms. Shweta Chauhan and
                                               Mr. Tarang Gupta
                                               Mr. Sachin Acharya, Sr. Advocate
                                               assisted by Mr. Gautam Bhadadra Mr.
                                               Vipul Dharnia
    
            For Respondent(s)             :    Mr. M.S. Singhvi, Sr. Advocate
                                               assisted by Mr. Falgun Buch
                                               Mr. Vikas Balia, Sr. Advocate assisted
                                               by Mr. Prateek Gattani
                                               Mr. Rajesh Joshi, Sr. Advocate
                                               assisted by Mr. Dinesh Godara
                                               Mr. Ramavatar Sikhwal and Mr. Arpit
                                               Samaria for Mr. N.S. Rathore, AAG
                                               Mr. Gopal Krishna Chhangani
                                               Ms. Simran Mehta
                                               Mr. Vishal Singh
                                               Mr. Harsh Shekhawat
                                               Mr. Vinay Jain
                                               Mr. Darshan Jain
                                               Mr. Sunil Purohit
    
    
                        HON'BLE MR. JUSTICE ARUN MONGA

    HON’BLE MR. JUSTICE SUNIL BENIWAL

    Reportable
    Order

    SPONSORED

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    Conclusion of Arguments &
    Reserved on : 16/03/2026
    Pronounced on : 30/03/2026

    (Per Sunil Beniwal, J.)

    1. The present writ petition has been filed aggrieved by the

    order/communication dated 24.12.2023 (Annexure-38) issued by

    Rajasthan State Mines and Minerals Ltd. (‘RSMML’), whereby the

    tender contract relating to “Loading of limestone gitti of various

    sizes into tippers/dumpers from crusher hopper(s) and/or different

    stacks lying at the company’s Sanu mines, District Jaisalmer, its

    transportation from the mines to the railway siding at Sanu

    Railway Station, and its unloading, stacking, watch & ward, and

    mechanized loading of limestone gitti into railway wagons using

    front-end loaders etc.”, which had been awarded to the petitioner,

    was terminated. Further, the petitioner’s security deposit was

    forfeited and the petitioner was blacklisted for a period of three

    years.

    2. The brief facts of the case are that RSMML issued a Notice

    Inviting Tender (‘NIT’) dated 23.03.2023 (Annexure-3) for the

    aforesaid work. The petitioner participated in the tender process

    and was declared the L-1 bidder. A Letter of Acceptance was

    issued in favour of the petitioner on 17.07.2023 and an addendum

    was issued on 20.07.2023 (Annexure-6 colly). In the said Letter of

    Acceptance, it was stated that the work would be executed

    through petitioner’s M/s Jai Tanot Mata Mining and Transportation

    Co-operative Society, therefore, an agreement dated 16.08.2023

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    (Annexure-8) was executed between the said Co-operative Society

    and RSMML with respect to the tender work.

    2.1 The tender in question was challenged by M/s PMP Infratech

    Pvt. Ltd., one of the unsuccessful bidders, by filing S.B. Civil Writ

    Petition No. 8853/2023. The said writ petition came to be

    dismissed on 13.07.2023 (Annexure-9). A special appeal, being

    D.B. Special Appeal Writ No. 666/2023, preferred against the said

    order, was also dismissed. Although the order was never formally

    passed, the order passed orally in the special appeal was

    subsequently challenged before the Apex Court, and vide order

    dated 10.11.2023 (Annexure-10), the matter was remitted back

    to this Court on the administrative side as the detailed order had

    not been uploaded on the website.

    2.3 In the meanwhile, the petitioner took steps to initiate the

    work. However, due to hindrances and obstructions caused by the

    Jaisalmer Truck and Dumper Association, the work could not be

    commenced. The petitioner sought assistance from RSMML and

    also lodged criminal complaints against the said Association. Since

    no effective progress was made, the petitioner was constrained to

    approach this Court by filing S.B. Civil Writ Petition No.

    14178/2023, which was disposed of vide order dated 27.09.2023

    with a direction to decide the petitioner’s representation and to

    ensure that the lawful transportation fleet of the petitioner was

    not harmed due to unlawful competition or illegal pressure from

    any person.

    2.4 Since no satisfactory action was taken thereafter, the

    petitioner filed a contempt petition being S.B. Writ Contempt No.

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    1248/2023. The said contempt petition came to be dismissed on

    21.01.2026 after recording the submission of the

    respondent/State that the order dated 27.09.2023 had been duly

    complied with and that a temporary police outpost had been

    established at Village Sonu to maintain law and order. It was also

    submitted that the deployed police constables would be

    responsible for ensuring complete security arrangements and

    maintaining law and order in and around the industrial units

    situated in the vicinity of Village Sonu.

    2.5 Since the requisite amount of work, as stipulated under the

    contract conditions, could not be carried out, the petitioner was

    issued various communications (Annexure-36 colly) directing it to

    meet the prescribed criteria of work production, failing which

    action would be initiated against it in terms of the contract. The

    petitioner responded to all such communications (Annexure-37

    colly), highlighting that the prevailing law and order situation was

    hampering the execution of the work.

    2.6 On 21.12.2023 (Annexure-29), the petitioner was advised to

    attend the office of the Sanu Limestone Mines, Jaisalmer on

    23.12.2023 to discuss the course of action for dispatching the

    required quantity of limestone gitti to the Railway Siding at Sonu

    in view of the prevailing law and order issues at Sanu Limestone

    Mines, and to submit its written statement in this regard.

    2.7 Thereafter, vide the impugned order/communication dated

    24.12.2023 (Annexure-38), the petitioner’s contract was

    terminated under Clause 4.86 of the contract. The security deposit

    amount was also ordered to be forfeited, which included the

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    additional performance security of Rs. 5.27 crores in the form of a

    bank guarantee, bid security of Rs. 411.84 lakhs in the form of a

    bank guarantee, and the remaining security deposit amount to be

    recovered from the amount payable to the petitioner or otherwise

    from the petitioner. Further, the petitioner was banned/blacklisted

    from participating in future tenders of the company for a period of

    three years from the date of issuance of the communication, i.e.,

    24.12.2023.

    2.8 Hence, the present writ petition.

    3. Learned Senior counsel, Mr. Sudhir Gupta, contended that

    the contract was terminated primarily on two grounds: first, the

    petitioner commenced the work with a delay of 53 days, i.e., on

    07.10.2023; and second, after commencement, the petitioner

    failed to execute transportation and loading in accordance with the

    quantities stipulated under the tender schedule.

    3.1 With regard to the first reason i.e. the delay in

    commencement of work, it was submitted that the delay was not

    deliberate. Rather, it was occasioned by a force majeure situation,

    created due to obstruction by the truck union / association, which

    prevented the petitioner from commencing the work. It was

    contended that, in terms of Clause 4.65 of the NIT governing force

    majeure, the petitioner cannot be held to be in default.

    3.2 Qua the deficit in the work executed by the petitioner after

    commencement, learned Senior counsel submitted that the work

    could only be initiated in certain parts of the site and was carried

    out under restricted conditions. The operations were limited to

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    daytime and required police assistance, as the obstructions caused

    by the truck union / association continued to subsist.

    3.3 To substantiate the above submissions reliance was placed

    on note-sheet drawn by concerned officers whereby it was

    acknowledged that force majeure situation was prevailing on

    account of which the petitioner could not initiate the work and

    execute the expected work in terms of the tender conditions.

    Reference was made to the Department’s note-sheets dated

    09.11.2023, 16.11.2023, 26.12.2023, and 03.01.2024; the letters

    sent by the Department to the Superintendent of Police and the

    Collector on 14.08.2023, 05.09.2023, 22.09.2023, 23.09.2023,

    02.10.2023, 23.10.2023, 09.11.2023, 06.12.2023, and

    21.12.2023; and the criminal complaints so also FIRs lodged on

    various occasions, particularly on 08.11.2023, 10.11.2023, and

    13.12.2023.

    3.4 It was further contended that the petitioner was not the only

    contractor to face such law and order issues; rather, similar

    difficulties had been encountered by previous contractors as well,

    who had approached this Court seeking police assistance to

    remove obstructions caused by the truck union/association. On an

    earlier occasion, another contractor had filed S.B. Civil Writ

    Petition No. 6556/2019 (M/s LR Mining and Transportation

    Cooperative Society Ltd. vs. State of Rajasthan & Ors.) seeking

    similar relief in respect of the same work, which was disposed of

    by this Court on 10.05.2019.

    Learned counsel also pointed out to the order dated

    14.08.2020 passed in S.B. Civil Writ Petition No. 7055/2020 (PMP

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    Infratech Pvt. Ltd. vs. State of Rajasthan & Ors.), wherein PMP

    Infratech had also faced a comparable situation and sought relief

    before this Court, though the writ petition was subsequently

    withdrawn. Nonetheless, the existence of such law and order

    issues stands substantiated.

    3.5 While challenging the punishment inflicted in the nature of

    forfeiture of security deposit so also blacklisting of the petitioner

    alongwith termination of contract, learned Senior counsel

    submitted that on earlier occasions qua the same tender work,

    when tender was awarded to PMP Infratech, similar circumstances

    had arisen, leading to delay in commencement of work so also

    shortfall in execution of work. While relying upon note-sheet of

    the tender awarded to PMP Infratech, more particularly Note No.

    62 and 63, learned counsel submitted that in that case, the

    RSMML treated it as force majeure situation and waived off the

    penalty imposed. The said notes reproduced below for ready

    reference:

    “XXX XXX XXX

    In this regards, it is submitted that the work of “Loading of
    Limestone into trucks/ dumpers from company sanu limestone mines
    and its transportation from mines to railway siding at Sanu railway
    station was awarded to M/s PMP Infratech pvt ltd. (M/s PM Infra &
    Transportation Society Ltd). As per the provision of tender the
    society has to commence the work within 30 days from the date of
    issuance of DLOA i.e. 08.07.2020. But due to hindrance created by
    local transport unions the work could not be commenced by the
    society, later with the help and support of local administration &
    police, the commencement of work was started under police
    protection w.e.f. 16.08.2020 (refer para N/ 9-N/17 for reference). The
    narrated situations were beyond the control of society, therefore the
    compensation for delay in commencement is not attributable to
    society.

    It is pertinent to mention here that in last tender for the same work
    (Cont-15/18-19) in the similar situations and circumstance the

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    compensation was waived by the competent authority on the basis of
    the opinion of Sr. Advocate of high Court, wherein it was opined that
    “commencement of work was made possible only due to joint efforts
    of society, district administration and RSMML and concluded that it
    will not be lawful to impose penalty on the contractor”(refer N/149
    & onwards of the copy of note placed at R/54. In the instant case the
    situations are similar & the commencement was made possible unde
    police protection only, in view of this the request of SBU as per N/57
    may be consider for competent approval for waive off compensation
    on account of delay in commencement of work due to un-avoidable
    reasons beyond the control of society.

           XXX                          XXX                                  XXX
                                                                       Sd/- 12.01.2021
                                                                  (Gaurav Shrivastava)
                                                                             M (Cont)"
    
    

    Considering the above, imposing harsh penalty, inter alia,

    blacklisting of the petitioner is not warranted.

    3.6 It was further submitted that the impugned

    order/communication has been passed in violation of the principles

    of natural justice. The reply submitted by the petitioner in

    response to the notice dated 15.12.2023 was neither duly

    considered nor was any opportunity of personal hearing afforded

    prior to passing the impugned order.

    3.7 Lastly, learned Senior counsel submitted that the petitioner’s

    contract is about to expire and is at its fag end, therefore, no

    purpose would be served by halting the petitioner’s work. Further,

    the respondent, RSMML, has issued a certificate dated 14.01.2026

    in favour of the petitioner with respect to the tender work in

    question for the period from 01.07.2024 to 30.09.2025, wherein it

    has been stated that the assigned targets have been duly

    achieved and the petitioner’s performance is satisfactory. The said

    certificate also establishes the fact that once the law and order

    situation had been settled, the petitioner carried out the work

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    fulfilling the requisite target. Therefore, considering the same, the

    termination of the contract of the petitioner was not warranted

    along with imposition of penalty of blacklisting and forfeiture of

    the security deposit.

    3.8 Learned Senior counsel, in support of his submissions, placed

    reliance on the following judgments :

    (i)- Blue Dreamz Advertising Private Limited & Anr. Vs. Kolkata
    Municipal Corporation & Ors.
    : (2024) 15 SCC 264.

    (ii)- M/s Techno Prints Vs. Chhattisgarh Textbook Corporation &
    Anr.
    : 2025 INSC 236.

    (iii)- Subodh Kumar Rathour Vs. Chief Executive Officer : 2024
    SCC Online SC 1682.

    (iv)- UMC Technologies Pvt. Ltd.. Vs. Food Corporation of India :

    (2021) 2 SCC 551.

    (v)- Isolators and Isolators Vs. Madhya Pradesh Madhya Kshetra
    Vidyut Vitran Co. Ltd.
    : (2023) 8 SCC 607.

    (vi) Om Gurusai Construction Co. Vs. V.N. Reddy & Ors. : 2023
    SCC Online SC 1051.

    (vii)- M.P. Power Management Company Ltd. Vs. Sky Power
    Southeast Solar India Pvt. Ltd.
    : (2023) 2 SCC 703.

    4. Learned counsel, Mr. Vinay Jain, appearing for RSMML

    submitted that the petitioner was afforded several opportunities to

    carry out the work in accordance with the terms and conditions of

    the tender. However, the petitioner failed to do so. Therefore,

    considering the loss of revenue to the State, the impugned

    order/communication terminating the contract awarded to the

    petitioner was issued.

    4.1 As per Clause 3.1 (vii) of the NIT, the petitioner was deemed

    to have knowledge of the nature of the work and the surrounding

    circumstances. Therefore, the alleged law and order situation

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    could not be said to be beyond the control of the petitioner. The

    said clause reads as under :

    “vii. The tenderer shall be deemed to have examined the tender
    document, to have obtained his own information in all matters
    whatsoever that might affect the carrying out of the works at the
    schedules rates and to have satisfied himself to the sufficiency of his
    tender. Any error in description or quantity or omission in the
    Contract Document shall not vitiate the contract or release the
    Contractor from executing the work comprised in the contract
    according to specifications at the scheduled rates. The tenderer is
    deemed to know the scope, nature and magnitude of the works and
    requirement of materials, equipment, tools and labour involved,
    wage structures, conditions of service of Company’s staff/workmen
    doing similar and same type of work etc and as to what all works he
    has to complete in accordance with the contract documents
    irrespective of any defect, omissions or errors that may be found in
    the contract documents. The Contractor shall be deemed to have
    visited site and surroundings, to have satisfied himself to the
    working conditions at the site, availability of water, electric power,
    labour etc, transportation facilities, probable sites for labour
    accommodation and store go-downs etc and all other factors
    involved in the execution of works.”

    4.2 The petitioner has placed on record various communications

    exchanged between the parties regarding the non-execution of the

    work in accordance with the terms of the contract, as well as the

    opportunities granted to the petitioner to carry out production as

    per the contract. Therefore, firstly, it cannot be contended that the

    principles of natural justice were violated, as more than sufficient

    opportunity was granted to the petitioner to perform the work,

    and secondly, the action taken was strictly in accordance with the

    terms of the contract and hence cannot be termed arbitrary.

    4.3 Further, at the time when the impugned order /

    communication was issued, approximately five months had

    elapsed since the execution of the agreement between the parties.

    Despite such lapse of time, the petitioner had not shown any

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    improvement in performance, which ultimately led to the issuance

    of the impugned order.

    5. Learned Senior counsel, Mr. Vikas Balia, appearing for PMP

    Infratech, who was impleaded as a party vide order dated

    26.11.2024 solely to address legal issues, submitted that the

    contract between the parties, i.e., the petitioner and RSMML, is

    inherently determinable in nature. The petitioner, if aggrieved, has

    an appropriate remedy under the Specific Relief Act, 1963;

    therefore, the present writ petition is not maintainable.

    5.1 It was further contended that the present writ petition raises

    disputed questions of fact which cannot be adjudicated while

    exercising writ jurisdiction. Furthermore, the writ petition has

    been filed at a belated stage, i.e., after S.B. Civil Writ Petition No.

    200/2024 filed by PMP Infratech had been allowed on 19.07.2024,

    whereby the order dated 26.12.2023, staying the operation of

    impugned order/communication 24.12.2023, was set aside.

    5.2 Learned Senior counsel further submitted that the petitioner

    has erroneously invoked the force majeure clause. The force

    majeure conditions are governed by Clause 4.65 of the NIT, which

    enumerates specific contingencies such as statutory directions,

    civil commotion, fire, epidemics, war, acts of God, and formal

    governmental actions in the nature of law, order, proclamation, or

    ordinance. The said clause does not include retaliation or

    resistance by a truck union/association, nor does it encompass a

    general law and order situation. A plain reading of the clause

    makes it clear that a general law and order issue is not covered

    within its ambit. Furthermore, none of the specified contingencies

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    existed at the site. The petitioner was not prevented from

    reconciling with the truck union/association to ensure smooth

    execution of the work. Accordingly, the requirements of the force

    majeure clause are not satisfied, and the petitioner cannot seek to

    invalidate the termination of the contract on this ground.

    5.3 Learned Senior counsel also pointed out that PMP had

    previously been awarded a tender for the same work and had

    faced a similar issue of resistance from the truck union /

    association, which was resolved within eight days. In contrast, the

    petitioner took several months to address the issue, clearly

    indicating lack of experience and inefficiency. It was emphasized

    that the petitioner did not possess relevant experience in

    transportation of industrial minerals, which was essential for the

    contract, and instead had experience only in transportation of fuel

    minerals.

    5.4 It was further argued that the petitioner has selectively

    relied upon internal note-sheet recording observations in its

    favour, while deliberately ignoring communications issued by the

    Head Office at Udaipur, which clearly highlighted that sales were

    adversely affected due to the petitioner’s inaction. Furthermore,

    the petitioner was fully aware of the prevailing conditions at the

    site but failed to make adequate arrangements and did not

    possess the requisite fleet for transportation. Even otherwise, if

    the petitioner had indeed faced extreme resistance, transportation

    would have come to a complete standstill. However,

    transportation, though significantly below the expected level, was

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    not entirely halted. This demonstrates that the work was not

    impossible to perform.

    5.5 Lastly, it was submitted that RSMML extended full support to

    the petitioner for a period of five months in order to facilitate

    commencement of work and achievement of targets. However,

    when the desired results were not achieved, the contract was

    terminated. The petitioner cannot now rely on such support as a

    ground to contend that the situation was beyond its control.

    5.6 Learned Senior counsel, in support of his submissions, placed

    reliance on the following judgments:

    (i)- Subodh Kumar Singh Rathour Vs. Chief Executive Officer &
    Ors.
    : (2024) 15 SCC 461.

    (ii)- M.P. Power Management Company Ltd., Jabalpur Vs. Sky
    Power Southeast Solar India Pvt. Ltd. & Ors.
    : (2023) 2 SCC

    703.

    (iii)- State of Kerala & Ors. Vs. M.K. Jose : (2015) 9 SCC 433.

    (iv)- Orrisa Agro Industries Corpn. Ltd. & Ors. Vs. Bharati
    Industries & Ors.
    : (2005) 12 SCC 725.

    (v)- State of M.P. & Ors. Vs. M.V. Vyavsaya & Co. : (1997) 1 SCC

    156.

    6. Learned Senior Counsel, Mr. Singhvi, appearing on behalf of

    PMP Infratech, submitted that RSMML suffered financial losses on

    account of the delay caused by the petitioner in commencing the

    work, as well as due to its failure to execute the work in

    accordance with the stipulated targets set out in the terms and

    conditions of the contract. He referred to the contents of the writ

    petition, being S.B. Civil Writ Petition No. 200/2024 (PMP Infratech

    Pvt. Ltd. vs. RSMML & Ors.), to submit that, from the date of

    execution of the agreement, i.e., 16.08.2023, till the filing of the

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    said writ petition, RSMML suffered a loss of Rs. 107.73 crores,

    Indian Railways suffered a loss of Rs. 538.65 crores, the

    Government of Rajasthan suffered a loss of Rs. 21.36 crores, and

    the Government of India suffered a loss of Rs. 44.88 crores.

    7. While countering the aforesaid submission, learned Senior

    Counsel, Mr. Acharya, appearing for the petitioner, placed reliance

    on the reply received to an RTI application filed by the petitioner.

    In the said application, a query was raised seeking the exact

    quantum of financial losses allegedly suffered by RSMML, the

    Railways, and SAIL on account of the failure of M/s United Coal

    Carriers and its associated society firm, M/s Jai Tanot Mata Mining

    and Transportation Co-operative Society, to execute the work in

    accordance with the LOI/tender conditions.

    7.1 In reply, vide communication dated 12.02.2024, it was

    stated that the exact figures of financial loss to the company had

    not yet been finalised. In light of this response, learned Senior

    Counsel contended that the submission regarding the alleged

    losses is unsubstantiated, as the relevant data itself remains

    undetermined.

    8. We have heard learned counsel for the parties and have

    perused the material available on record.

    A. UNDISPUTED FACTS :

    9. Before delving into the merits of the writ petition, it would be

    apposite to lay out the undisputed facts of the case, which are as

    under:

    (i) An NIT was issued on 23.03.2023 for “Loading of limestone

    gitti of various sizes into tippers/dumpers from crusher hopper(s)

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    and/or different stacks lying at the company’s Sanu mines, District

    Jaisalmer, its transportation from the mines to the railway siding

    at Sanu Railway Station, and its unloading, stacking, watch and

    ward, and mechanized loading of limestone gitti into railway

    wagons using front-end loaders, etc.”

    (ii) On 30.06.2023, the petitioner was declared the L-1 bidder,

    having quoted the lowest price.

    (iii) The tender in question was challenged by M/s PMP Infratech;

    however, S.B. Civil Writ Petition No. 8853/2023 was dismissed on

    13.07.2023.

    (iv) A Letter of Acceptance was issued in favour of the petitioner

    on 17.07.2023, followed by an addendum dated 20.07.2023.

    (v) An agreement was executed between the petitioner and

    RSMML on 16.08.2023.

    (vi) The petitioner was required to commence work within 30

    days from 17.07.2023; however, it failed to do so.

    (vii) The petitioner filed S.B. Civil Writ Petition No. 14178/2023,

    which was disposed of vide order dated 27.09.2023 with a

    direction to decide the petitioner’s representation and to ensure

    that the petitioner’s lawful transportation fleet was not harmed

    due to unlawful competition or illegal pressure from any person.

    (viii) The petitioner thereafter filed S.B. Writ Contempt No.

    1248/2023 alleging non-compliance of the order dated

    27.09.2023, which came to be dismissed on 21.01.2026 after

    recording the submission of the respondent/State that the said

    order had been duly complied with and that a temporary police

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    outpost had been established at Village Sonu to maintain law and

    order.

    B. MAINTAINABILITY OF WRIT PETITION :

    10. This Court is mindful of the well-established legal principle

    that judicial intervention in technical domains, especially in

    matters relating to tenders, should be exercised sparingly.

    Nonetheless, the judgments rendered by Hon’ble the Supreme

    Court do not place an absolute bar on such intervention. They

    recognise specific exceptions where the exercise of writ

    jurisdiction is justified. Accordingly, where a case falls within those

    recognised exceptions, this Court is empowered to intervene.

    Further, if elements of arbitrariness or malafide conduct are

    evident, the Court cannot disregard them merely on the ground

    that the decision pertains to a technical or administrative sphere.

    10.1 The Apex Court in the case of Tata Cellular Vs. UOI;

    (1994) 6 SCC 651 observed as under:

    “93. The duty of the court is to confine itself to the question of
    legality. Its concern should be:

    1. Whether a decision-making authority exceeded its powers?

    2. committed an error of law

    3. committed a breach of the rules of natural justice

    4. reached a decision which no reasonable tribunal would have
    reached or

    5. abused its powers.

    94. Therefore, it is not for the court to determine whether a
    particular policy or particular decision taken in the fulfillment
    of that policy is fair. It is only concerned with the manner in
    which those decisions have been taken. The extent of the duty
    to act fairly will vary from case to case, shortly put, the
    grounds upon which an administrative action is subject to
    control by judicial review can be classified as under :

    (i) Illegality: This means the decision-maker must understand
    correctly the law that regulates his decision-making power and
    must give effect to it.

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    (ii) Irrationality, namely, Wednesbury unreasonableness,

    (iii) Procedural impropriety.

    XXX XXX XXX
    The principles deducible from the above are:

    (1) The modern trend points to judicial restraint in
    administrative action.

    (2) The Court does no sit as a court of appeal but merely
    reviews the manner in which the decision was made.
    (3) The Court does not have the expertise to correct the
    administrative decision. If a review of the administrative
    decision is permitted it will be substituting its own decision,
    without the necessary expertise which itself may be fallible.
    (4) The terms of the invitation to tender cannot be open to
    judicial scrutiny because the invitation to tender is in the realm
    of contract.

    Normally speaking, the decision to accept the tender or award
    the contract is reached by process of negotiations through
    several tiers. More often than not, such decisions are made
    qualitatively by experts.

    (5) The Government must have freedom of contract. In other
    words, a fairplay in the joints is a necessary concomitant for
    an administrative body functioning in an administrative sphere
    or quasi-administrative sphere. However, the decision must not
    only be tested by the application of Wednesbury principle of
    reasonableness (including its other facts pointed out above) but
    must be free arbitrariness not affected by bias or actuated by
    mala fides.

    (6) Quashing decisions may impose heavy administrative
    burden on the administration and lead to increased and
    unbudgeted expenditure.”

    10.2 In the case of Silppi Constructions Contractors Vs.

    UOI; (2020) 16 SCC 489, the Apex Court after referring to

    various earlier pronouncements, observed as under:

    “19. This Court being the guardian of fundamental rights is
    duty bound to interfere when there is arbitrariness,
    irrationality, mala fides and bias. However, this Court in all the
    aforesaid decisions has cautioned time and again that courts
    should exercise a lot of restraint while exercising their powers
    of judicial review in contractual or commercial matters. This
    Court is normally loathe to interfere in contractual matters
    unless a clear-cut case of arbitrariness or mala fides or bias or
    irrationality is made out.

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    One must remember that today many public sector
    undertakings compete with the private industry. The contracts
    entered into between private parties are not subject to scrutiny
    under writ jurisdiction. No doubt, the bodies which are State
    within the meaning of Article 12 of the Constitution are bound
    to act fairly and are amenable to the writ jurisdiction of
    superior courts but this discretionary power must be exercised
    with a great deal of restraint and caution.

    The Courts must realise their limitations and the havoc which
    needless interference in commercial matters can cause. In
    contracts involving technical issues the courts should be even
    more reluctant because most of us in judges’ robes do not have
    the necessary expertise to adjudicate upon technical issues
    beyond our domain. As laid down in the judgments cited above
    the courts should not use a magnifying glass while scanning
    the tenders and make every small mistake appear like a big
    blunder. In fact, the courts must give “fair play in the joints” to
    the government and public sector undertakings in matters of
    contract. Courts must also not interfere where such
    interference will cause unnecessary loss to the public
    exchequer.

    20. The essence of the law laid down in the judgments referred
    to above
    is the exercise of restraint and caution; the need for
    overwhelming public interest to justify judicial intervention in
    matters of contract involving the state instrumentalities; the
    courts should give way to the opinion of the experts unless the
    decision is totally arbitrary or unreasonable; the court does
    not sit like a court of appeal over the appropriate authority; the
    court must realise that the authority floating the tender is the
    best judge of its requirements and, therefore, the court’s
    interference should be minimal.

    The authority which floats the contract or tender, and has
    authored the tender documents is the best judge as to how the
    documents have to be interpreted. If two interpretations are
    possible then the interpretation of the author must be accepted.
    The courts will only interfere to prevent arbitrariness,
    irrationality, bias, mala fides or perversity. With this approach
    in mind we shall deal with the present case.”

    10.3 In the case of M.P. Power Management (supra), the

    Apex Court after discussing various pronouncements with regard

    to interference under writ jurisdiction, observed as under:

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    “82. We may cull out our conclusions in regard to the points,
    which we have framed :

    82.1 It is, undoubtedly, true that the writ jurisdiction is a public
    law remedy. A matter, which lies entirely within a private realm
    of affairs of public body, may not lend itself for being dealt
    with under the writ jurisdiction of the Court.
    82.2. The principle laid down in Bareilly Development
    Authority (supra) that in the case of a non-statutory contract
    the rights are governed only by the terms of the contract and
    the decisions, which are purported to be followed, including
    Radhakrishna Agarwal (supra), may not continue to hold good,
    in the light of what has been laid down in ABL (supra) and as
    followed in the recent judgment in Sudhir Kumar Singh
    (supra).

    82.3. The mere fact that relief is sought under a contract which
    is not statutory, will not entitle the Respondent-State in a case
    by itself to ward-off scrutiny of its action or inaction under the
    contract, if the complaining party is able to establish that the
    action/inaction is, per se, arbitrary.

    82.4. An action will lie, undoubtedly, when the State purports
    to award any largesse and, undoubtedly, this relates to the
    stage prior to the contract being entered into [See R.D. Shetty
    (supra)]. This scrutiny, no doubt, would be undertaken within
    the nature of the judicial review, which has been declared in
    the decision in Tata Cellular v. Union of India (1994) 6 SCC

    651.
    82.5. After the contract is entered into, there can be a variety of
    circumstances, which may provide a cause of action to a party
    to the contract with the State, to seek relief by filing a Writ
    Petition.

    82.6. Without intending to be exhaustive, it may include the
    relief of seeking payment of amounts due to the aggrieved party
    from the State. The State can, indeed, be called upon to honour
    its obligations of making payment, unless it be that there is a
    serious and genuine dispute raised relating to the liability of
    the State to make the payment. Such dispute, ordinarily, would
    include the contention that the aggrieved party has not fulfilled
    its obligations and the Court finds that such a contention by the
    State is not a mere ruse or a pretence.

    82.7. The existence of an alternate remedy, is, undoubtedly, a
    matter to be borne in mind in declining relief in a Writ Petition
    in a contractual matter. Again, the question as to whether the
    Writ Petitioner must be told off the gates, would depend upon
    the nature of the claim and relief sought by the Petitioner, the
    questions, which would have to be decided, and, most

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    importantly, whether there are disputed questions of fact,
    resolution of which is necessary, as an indispensable prelude to
    the grant of the relief sought. Undoubtedly, while there is no
    prohibition, in the Writ Court even deciding disputed questions
    of fact, particularly when the dispute surrounds demystifying of
    documents only, the Court may relegate the party to the remedy
    by way of a civil suit.

    82.8. The existence of a provision for arbitration, which is a
    forum intended to quicken the pace of dispute resolution, is
    viewed as a near bar to the entertainment of a Writ Petition
    (See in this regard, the view of this Court even in ABL (supra)
    explaining how it distinguished the decision of this Court in
    State of U.P. and Ors. v. Bridge & Roof Co. (1996) 6 SCC 22,
    by its observations in paragraph-14 in ABL (supra)].
    82.9. The need to deal with disputed questions of fact, cannot
    be made a smokescreen to guillotine a genuine claim raised
    in a Writ Petition, when actually the resolution of a disputed
    question of fact is unnecessary to grant relief to a writ
    applicant.

    82.10. The reach of Article 14 enables a Writ Court to deal
    with arbitrary State action even after a contract is entered into
    by the State. A wide variety of circumstances can generate
    causes of action for invoking Article 14. The Court’s approach
    in dealing with the same, would be guided by, undoubtedly, the
    overwhelming need to obviate arbitrary State action, in cases
    where the Writ remedy provides an effective and fair means of
    preventing miscarriage of justice arising from palpably
    unreasonable action by the State.

    82.11. Termination of contract can again arise in a wide
    variety of situations. If for instance, a contract is terminated,
    by a person, who is demonstrated, without any need for any
    argument, to be the person, who is completely unauthorised to
    cancel the contract, there may not be any necessity to drive the
    party to the unnecessary ordeal of a prolix and avoidable
    round of litigation. The intervention by the High Court, in such
    a case, where there is no dispute to be resolved, would also be
    conducive in public interest, apart from ensuring the
    Fundamental Right of the Petitioner Under Article 14 of the
    Constitution of India. When it comes to a challenge to the
    termination of a contract by the State, which is a non-statutory
    body, which is acting in purported exercise of the powers/rights
    under such a contract, it would be over simplifying a complex
    issue to lay down any inflexible Rule in favour of the Court
    turning away the Petitioner to alternate Fora. Ordinarily, the
    cases of termination of contract by the State, acting within its

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    contractual domain, may not lend itself for appropriate redress
    by the Writ Court. This is, undoubtedly, so if the Court is duty-
    bound to arrive at findings, which involve untying knots, which
    are presented by disputed questions of facts. Undoubtedly, in
    view of ABL Limited (supra), if resolving the dispute, in a case
    of repudiation of a contract, involves only appreciating the true
    scope of documentary material in the light of pleadings, the
    Court may still grant relief to an applicant. We must enter a
    caveat. The Courts are today reeling under the weight of a
    docket explosion, which is truly alarming. If a case involves a
    large body of documents and the Court is called upon to enter
    upon findings of facts and involves merely the construction of
    the document, it may not be an unsound discretion to relegate
    the party to the alternate remedy. This is not to deprive the
    Court of its constitutional power as laid down in ABL (supra).
    It all depends upon the facts of each case as to whether, having
    regard to the scope of the dispute to be resolved, whether the
    Court will still entertain the petition.

    82.12. In a case the State is a party to the contract and a
    breach of a contract is alleged against the State, a civil action
    in the appropriate Forum is, undoubtedly, maintainable. But
    this is not the end of the matter. Having regard to the position
    of the State and its duty to act fairly and to eschew
    arbitrariness in all its actions, resort to the constitutional
    remedy on the cause of action, that the action is arbitrary, is
    permissible (See in this regard Kumari Shrilekha Vidyarthi and
    Ors. v. State of U.P. and Ors.
    (1991) 1 SCC 212)). However, it
    must be made clear that every case involving breach of
    contract by the State, cannot be dressed up and disguised as a
    case of arbitrary State action. While the concept of an
    arbitrary action or inaction cannot be cribbed or confined to
    any immutable mantra, and must be laid bare, with reference
    to the facts of each case, it cannot be a mere allegation of
    breach of contract that would suffice. What must be involved
    in the case must be action/inaction, which must be palpably
    unreasonable or absolutely irrational and bereft of any
    principle. An action, which is completely malafide, can
    hardly be described as a fair action and may, depending on
    the facts, amount to arbitrary action. The question must be
    posed and answered by the Court and all we intend to lay down
    is that there is a discretion available to the Court to grant relief
    in appropriate cases.

    82.13. A lodestar, which may illumine the path of the Court,
    would be the dimension of public interest subserved by the

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    Court interfering in the matter, rather than relegating the
    matter to the alternate Forum.

    82.14. Another relevant criteria is, if the Court has
    entertained the matter, then, while it is not tabooed that the
    Court should not relegate the party at a later stage,
    ordinarily, it would be a germane consideration, which may
    persuade the Court to complete what it had started, provided
    it is otherwise a sound exercise of jurisdiction to decide the
    matter on merits in the Writ Petition itself.

    82.15. Violation of natural justice has been recognised as a
    ground signifying the presence of a public law element and can
    found a cause of action premised on breach of Article 14. [See
    Sudhir Kumar Singh and Ors. (supra)].”

    10.4 What can be discerned from the above observations is that,

    while the Court may not sit in appeal over the merits or

    correctness of a decision, it is certainly competent to examine the

    manner in which such decision has been arrived at. Put differently,

    the scope of judicial review extends to scrutinising the decision-

    making process, including the conduct of the authority and the

    basis on which the decision rests, to ensure compliance with the

    applicable legal framework so also Principles of natural justice.

    Where the process is tainted by illegality, irrationality, procedural

    impropriety, arbitrariness, bias, or mala fide intent, the Court

    would be justified in invoking its writ jurisdiction. Therefore,

    although restraint is the norm in tender matters, it cannot be

    employed as a cover to legitimise actions that are patently unjust,

    unreasonable, or in violation of law.

    10.5 Considering the above pronouncements, this Court is of the

    opinion that in the facts and circumstances of the present case,

    wherein the challenge is not only to the rationality of the decision

    taken but also involves an alleged violation of the principles of

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    natural justice, the matter warrants consideration in writ

    jurisdiction. Moreover, the present writ petition has been pending

    since 2024 and the petitioner’s contract is at a fag end, therefore,

    in the considered opinion of this Court, no useful purpose would

    be served by relegating the parties to an alternative forum.

    11. Learned Senior Counsel appearing on behalf of PMP Infratech

    has objected to the maintainability of the present writ petition on

    the ground that it involves disputed questions of facts.

    11.1 True it is that disputed questions of fact cannot ordinarily be

    adjudicated under writ jurisdiction, as held by the Apex Court in

    Orissa Agro Industries (supra), M.V. Vyavsaya (supra), and

    M.K. Jose (supra). However, an exception has been carved out by

    the Apex Court in M.P. Power Management (supra), as

    reproduced above, which provides that in cases involving actions

    that are unreasonable or irrational, and depending on the facts of

    each case, the discretionary writ jurisdiction may be exercised.

    11.2 In the present case, upon consideration of the note-sheet

    placed on record, and further taking into account the fact that on

    earlier occasions indulgence had been granted by the Court while

    directing the authorities to provide police assistance to address

    the prevailing law and order situation, as well as the admission

    made by the respondent – RSMML in the contempt proceedings

    initiated by the present petitioner, by filing S.B. Writ Contempt

    No.1248/2023, acknowledging the existence of such law and order

    problems and the necessity of deploying police force to overcome

    the same, this Court is not inclined to accept the contention

    regarding maintainability. In view of these circumstances, this

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    Court does not deems it appropriate to accept the objection that

    the present writ petition is not maintainable on account of

    disputed questions of facts as it is rather an admitted position that

    the law and order situation was persisting at the site of work.

    11.3 Furthermore, learned counsel appearing on behalf of PMP

    Infratech has contended that the petitioner lacked the requisite

    experience to deal with such unforeseen circumstances,

    particularly the law and order issues, and that this deficiency

    contributed to the petitioner’s inability to effectively execute the

    work. It has also been argued that similar law and order problems

    had arisen earlier; however, PMP Infratech had successfully

    resolved the same within a period of eight days. Furthermore, it

    has been submitted that the petitioner did not possess the

    requisite fleet strength for lifting and transporting minerals, which

    resulted in failure to adhere to the schedule prescribed under the

    tender conditions.

    11.4 Though such arguments have been advanced on behalf of

    PMP Infratech, they are neither supported by the stand taken by

    RSMML in its reply, nor are they borne out from the reasons

    recorded in the termination order. In the absence of any such

    foundation in the pleadings or the impugned order, this Court finds

    no justification to embark upon an independent inquiry into these

    aspects for the purpose of adjudication. Also considering the fact

    that PMP Infratech was impleaded in the present writ petition vide

    order dated 26.11.2024 only to the extent to address this Court

    on legal issues.

    
    
    
    
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    C.     DELAY IN COMMENCEMENT OF WORK :
    
    

    12. The principal challenge in the present writ petition is to the

    termination order dated 24.12.2023, whereby the contract

    agreement executed for “Loading of limestone gitti of various sizes

    into tippers/dumpers from crusher hopper(s) and/or different

    stacks lying at the company’s Sanu Mines, District Jaisalmer, its

    transportation from the mines to the railway siding at Sanu

    Railway Station, and its unloading, stacking, watch & ward, and

    mechanized loading of limestone gitti into railway wagons using

    front-end loaders, etc.” came to be terminated.

    12.1 It is to be noted that the contract agreement was

    terminated primarily on two grounds: firstly, that there was a

    delay of 53 days in commencement of the work; and secondly,

    that the petitioner failed to execute the requisite quantity of

    transportation and loading in accordance with the tender schedule.

    The Letter of Acceptance was issued on 17.07.2023, and as per

    the tender conditions, the petitioner was required to commence

    the work within 30 days from the date of issuance of the same.

    While explaining the delay in commencement, the petitioner

    has placed reliance upon various note-sheets, the relevant

    extracts of which are reproduced herein-below for ready

    reference:

    “XXX XXX XXX

    4) As per the terms and conditions of tender document (Refer
    Clause 5.4.10, 5.12.1 & 5.39) the cooperative society have to
    commenced the work within a period of 30 days from the date of
    issuance of DLOA i.e., up to 16.08.2023, with requisite number of
    equipment’s and machinery. While the cooperative society have
    commenced the transportation work on dated 08.10.2023 with the
    help of district administration under police custody in the
    compliance of honorable High Court, Jodhpur judgment dated

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    27.09.2023. The copy of the High Court, Jodhpur judgment &
    intimation letter of the contractor are placed in the file at R/15 & R/
    16 respectively.

    5) A note has been moved to higher management with all relevant
    references & record for consideration the late commencement of
    work for the period from 16.08.2023 to 07.10.2023 under force
    majeure clause of the tender document in light of third party (Local
    Truck Union) hindrance in transportation work in the same line of
    previous Transportation contracts which have faced similar
    conditions. In previous contract late commencement penalty have
    been waived off by the management. The copy of the file noting is
    placed in the file at R/38 for reference.

    6) The contractor, M/s United Coal Carrier awarded the contract
    through open e-tender on dated 17.07.23. As soon as contract
    awarded, the local truck union approached to district
    administration for their demand regarding increase in
    transportation rate and deployment of transportation
    trucks/dumpers of their local truck union only, since then, the
    negotiations between contractor and truck union have been started
    and after prolong negotiations, it was failed. The local truck union
    is sitting on strike, nearby mine site and showing strong resistance
    for movement of contractor trucks.

    7) Stoppage of work by third party i.e. Local Truck Union is the
    responsible for hindrance in work and in such situation any
    disturbance by third party in a lawful contract between two parties
    either of party cannot make responsible to other party. In above
    situation, force majeure conditions are prevailing completely up to
    07.10.23. However partly situation is improved but due to time and
    locations restrictions by the Police department and district
    administration, the situations are still just like force majeure till the
    permission by police for 24 hours free movement of transportation
    work from all location of the mines without Police protection.

    XXX XXX XXX

    12) The schedule quarterly target was not given to the
    cooperative society as the transportation work has been carried
    out with time and locations restrictions by the Police department
    and District Administration, Jaisalmer. The situations are still just
    like force majeure till the permission for 24 hours free movement
    of transportation vehicles of the contractor from all location of the
    mines without Police protection.

           XXX                         XXX                                XXX
                                                                   Sd/- 09.11.2023
                                                                    (Pramod Dabi)
                                                           Manager (Mining & EIC)
           14) Unit Head (LSU), Jaisalmer
    
    
    
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                 May kindly peruse from Para 01/N to 13/N. The
           commencement of work was delayed due to:
    

    a. 15.08.2023: The previous contractor closed the work at
    Railway siding.

    b. 17.8.2023: Agitation and strike by Jaisalmer Truck & Dumper
    Operator Association with demand that contractor will work by
    truck unión fleet only with their demanded rate/negotiated rate with
    contractor, terms and condition. Such demands of truck union are
    not the terms & condition of tender and awarded contract.
    c. 18.08.2023: RSMML completed stock Survey at Railway
    Siding.

    d. 20.08.2023: RSMML Handed over the railway siding after
    survey of balance stock to the contractor.

    e. 27.09.2023: High Court Jodhpur given Judgment and directed
    to police department Jaisalmer to ensure that the lawful
    transportation fleet of the contractor is not harmed due to unlawful
    competition or illegal pressures from any person. A liberty is given
    to respondent truck union to take up all their issues regarding their
    rates /negotiations peacefully and lawfully with the contractor in
    case so required.

    f. 08.10.2023: Police department allowed to the contractor to
    start transportation work under police security in day light hours
    from limited locations. The time allowed by the police department
    is equivalent to about one shift working. Despite said limited
    allowed period and unexpected frequent disturbance by the union
    during the working hours, as on date the contractor has
    established the carrying capacity about 6700MT (6696 MT
    transported on 5.11.2023). That means, if contractor allowed for
    transportation 24 hours they will achieve required quantity argets
    by RSMML by their own fleets as per tender and availability of
    material or mines.

    g. 07.11.2023: The union is still on agitation and strikes at
    nearby place at mines and again forcefully stopped the work. The
    letter dated 08.11.2023 (R/39) was handed over to police station
    Ramgarh with copy to the Additional SP, Jaisalmer, briefed the issue
    with request to restrict such type of activity by the truck union and
    for resumption of work.

    h. The such type of unilateral demand by the local truck union
    become a practice whenever a new transportation contract awarded
    by the RSMML. RSMML is sufferer of such net of local truck union
    in past and present for Jong period.

    15) In light of the above facts and beyond control situation, it is
    recommended that the delay in work and shortfall in quantity cannot
    be attributed to the Co-operative Society formed by the contractor
    as per the terms and condition of the tender and DLOA. The
    payment may be released as proposed at para 13/N by the EIC of
    contract.

    Sd/- 9.11.2023

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    (D.S. Achaliya)
    Unit Head, LSU, Jaisalmer
    XXX XXX XXX

    21) As per Tender Clause No.5.39, the Co-operative Society have
    to commence the work within a period of 30 days from date of
    issuance of DLOA i.e. up to 16.08.2023 vide Para 4/N EIC has
    narrated that the Society was commenced the work on dated
    08.10.2023 with the help of District Administration under Police
    Custody. Further, vide Para 5/N to 7/N and vide Para 14/N, EIC
    and Unit Incharge Jaisalmer has narrated that the period of
    16.08.2023 to 07.10.2023 is considered under force majeure clause
    of the tender document and delay in commencement of work is not
    attributable on the part of the society. The tender was floated by
    Contract Cell Udaipur, therefore, it is appropriate to obtain
    direction from Contract Cell, CO in this regard.

    22) Vide 12/N, EIC has narrated that after commencement of work
    by society on dated 08.10.2023 the quarterly target was not given to
    Co-operative Society which was further endorsed at Para 15/N. by
    Unit Incharge, Jaisalmer that the short-fall in tendered quantity is
    also not attributable on the part of society, therefore, in this regard
    we may also obtain direction from Contract Cell, CO, Udaipur.

           XXX                         XXX                                  XXX
                                                                      Sd/- 16.11.2023
                                                                (Dinesh Kachhawaha)
                                                                    Manager (Cont.)
    
           XXX                      XXX                               XXX
    

    27) As per facts narrated in pre paras, the society commenced the
    work on dated 08.10.2023 under police custody and presently
    Society is executing the work in day time from only specific
    locations of Sanu Limestone mines.

    28) Due to this constraint i.e. only day time transportation, the
    Society is transporting only avg. 3000 MT/day as against
    requirement of about 12000 MT/day. The EIC-Transportation and
    Unit In-charge (Jaisalmer) recommended for considering the above
    period under force majeure condition and releasing the payment as
    proposed at N/15.

           XXX                      XXX                               XXX
                                                               Sd/- 17.11.2023
                                                                (P.R. Prajapat)
                                         Group General Manager (Limestone)
    
           XXX                      XXX                              XXX
    

    36) It is also submitted that SBU-PC(IS) processed a file on RAJ-
    KAJ for seeking competent approval for waiver of applicable
    compensation for delay in commencement in the same contract
    being force majeure situation (copy of note-sheet is placed at R/42

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    for kind perusal). If deemed proper pending approval of competent
    authority for same, the applicable compensation may be retained
    and balance payment may be release to the society.

            XXX                       XXX                             XXX
                                                               Sd/- 22.11.2023
                                                         (Gaurav Shrivastava)
                                                                  (Mgr. Cont.)
    
            XXX                       XXX                                  XXX
    

    77) The contractor M/s United Coal Carrier have regularly
    reported such incidences and lodged FIR against the local truck
    union. RSMML management have also taken the cognizance for all
    such incidence for hindrance in transportation work by the local
    truck union and reported the incidences to district administration
    and police department and lodged FIR against the miscreants of
    local truck union, but despite that situation is still remain the same
    as in force majeure condition.

    78) Apart from that other operational issues like availability of
    Server/Net for generating e-Rawana at Weighbridges, permissible
    locations of loading by the police department in view of threating by
    local truck union, permissible size of Limestone gitti for loading
    (30-60, 30-50 mm) as per the directions of the management to cater
    the customer demand, operating, maintenance & B/D hours of C &
    S plants, no feed issues of C & S plants, C & S plants design for
    placing of high capacity trailers beneath the hoppers, free flow
    movement/round trip movement in a lot of 6-7 dumpers as
    permissible by the police department, time of arrival and
    availability of police personnel’s for escorting/protection the
    transportation vehicles, etc. affects the transportation work.

            XXX                       XXX                                  XXX
                                                                    Sd/- 26.12.2023
                                                                     (Pramod Dabi)
                                       Manager(Mining) & EIC Transportation"
    
    
    12.2    A perusal of these note-sheets, particularly the note-sheet
    
    dated    09.11.2023,         clearly      indicates        that     the     respondent
    
    

    Department not only acknowledged the existence of a serious law

    and order issue at the site from where the minerals were to be

    lifted, but also recognized that the situation was a force majeure

    condition. The note-sheet further reveals that it was specifically

    recommended that no penal provisions be invoked and no penalty

    be imposed upon the petitioner, as the circumstances leading to

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    the delay were beyond the control of both the petitioner and the

    department.

    12.3 The existence of the law and order problem at the site

    stands further substantiated by the following additional

    circumstances:

    (i) The earlier contractor, respondent – PMP Infratech Pvt. Ltd.,

    who had been awarded the same work, had also faced an identical

    law and order situation and was constrained to file a writ petition

    before this Court, being S.B. Civil Writ Petition No. 7055/2020.

    This Court, considering the gravity of the matter, issued notices

    vide order dated 14.08.2020. A perusal of the said order further

    indicates that even prior thereto, when the work was being

    executed by another contractor, it was also constrained to

    approach this Court by filing S.B. Civil Writ Petition No. 6556/2019

    (M/s LR Mining and Transportation Cooperative Society Ltd. vs.

    State of Rajasthan & Ors.) seeking similar relief in respect of the

    same work, which was disposed of by this Court on 10.05.2019.

    In continuation thereof, in the present case as well, the

    petitioner was compelled to approach this Court seeking police

    protection. Despite orders being passed directing the respondents

    to provide necessary police assistance, and in the absence of

    effective compliance, the petitioner was constrained to initiate

    contempt proceedings by filing S.B. Civil Contempt Petition No.

    1248/2023. The learned Single Judge, while disposing of the said

    contempt petition vide order dated 21.01.2026, recorded the

    statement made on behalf of the respondent Department that the

    law and order issues previously faced by the petitioner had been

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    resolved and in order to ensure smooth transportation of minerals

    in future, a temporary police chowki had been established.

    This sequence of events clearly demonstrates that the law

    and order situation was not only real and persistent, but also

    officially acknowledged and required judicial as well as

    administrative intervention.

    (ii) Further, the note-sheet, particularly Note No. 4 and 5, clearly

    records that although the work was scheduled to commence from

    16.08.2023, it could only commence with effect from 08.10.2023

    due to the prevailing law and order situation. Further, in Note

    No.15, it is specifically noted therein that such delay was beyond

    the control of the concerned contractor/society, and consequently,

    the delay in commencement could not be attributed to them.

    12.4 The aforesaid material, therefore, unequivocally establishes

    that the delay in commencement of work was occasioned by

    circumstances beyond the control of the petitioner, duly

    acknowledged by the respondent department itself, and was in the

    nature of a force majeure situation.

    D. DEFICIENT QUANTITY OF TRANSPORTATION :

    13. The second ground, as mentioned in the termination order

    dated 24.12.2023, is that the petitioner failed to execute the

    requisite quantity of transportation and loading in accordance with

    the tender schedule. It is pertinent to note that, as per the tender

    conditions, the petitioner was required to commence the

    transportation work within 30 days from the date of issuance of

    the Letter of Acceptance, i.e., on or before 16.08.2023. However,

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    the work could actually be commenced only on 08.10.2023, for

    the reasons already discussed herein-above.

    13.1 It is further to be noted that the petitioner was able to

    commence the work with effect from 08.10.2023 only after

    indulgence was granted by this Court vide order dated 27.09.2023

    passed in S.B. Civil Writ Petition No.14178/2023. Additionally, the

    note-sheet, particularly Note No. 7, clearly indicates that force

    majeure conditions prevailed in full force up to 07.10.2023. It is

    also recorded therein that although the situation had partially

    improved thereafter, certain restrictions imposed by the police

    department and the district administration, particularly with

    regard to time and location, continued to operate, thereby

    rendering the situation substantially akin to force majeure until

    permission for 24-hour unrestricted movement for transportation

    activities across all mining locations was granted without the need

    for police protection.

    13.2 These observations make it abundantly clear that even after

    the deployment of police assistance, the existence of time-bound

    and location-specific restrictions materially impeded the

    petitioner’s ability to carry out transportation operations

    efficiently. Such constraints would necessarily have had a direct

    bearing on the overall quantity of minerals that could be lifted and

    transported. Consequently, the shortfall in execution, which forms

    the second basis for termination of the contract, also appears to

    be intrinsically linked to the prevailing law and order situation,

    which was beyond the control of the petitioner.

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    14. Learned counsel appearing on behalf of RSMML, while

    supporting the termination order, has not been able to controvert

    the submissions advanced on behalf of the petitioner, particularly

    with respect to the existence and impact of the law and order

    issues prevailing during the relevant period, both at the stage

    when the petitioner was required to commence the work and

    during the period when such conditions continued to subsist

    beyond the control of both the petitioner and the Department. He

    has, in fact, fairly stated that subsequent to the passing of the

    interim order and up to the present date, the performance of the

    petitioner has been found to be satisfactory.

    E. FORCE MAJEURE :

    15. The issue that remains for consideration is whether the law

    and order situation, as pleaded by the petitioner, would fall within

    the scope of the force majeure clause in the terms of the tender.

    15.1 Before delving into the said issue, it would be apposite to

    refer to Clause 4.65 of the NIT, which provides for force majeure

    as incorporated in the terms of the tender:

    “FORCE MAJEURE:

    4.65. Neither the Co-operative Society nor the company shall
    be considered to be in default in the performance of their respective
    obligations under this Contract, such performance is prevented or
    delayed because of the conditions constituting force Majeure
    which shall include but not limited to notice/s from the Directorate
    of Mines Safety Office other Statutory Authority, Civil Commotion,
    Fire accidents, epidemics, War, acts of God or because of any law,
    order, proclamation or ordinance of any Government or any
    authority thereof or forced stoppage of mining, loading operations,
    accumulation of stock of mineral, failure of railways to supply
    wagons/ boxes at railway siding, non-availability of mineral at
    mines/ railway siding and other places due to reasons like sand
    dune/ storms/ other causes and for failure of transportation or for
    any other cause beyond reasonable control of the party affected,
    provided notice of such cause is given in writing by the party

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    affected within 14 days of the happening of the event. In case it is
    not possible to serve the said notice within the said period of 14
    days then within the shortest possible period. Power cuts/ partial
    power failure/interruption shall not be construed as force Majeure
    for this purpose and the same shall not affect in any way the
    performance of the Contract. As soon as the cause of force Majeure
    has been removed, the party whose ability to perform its obligation
    has been affected shall notify the other of such cessation. Should
    one or both the parties be prevented from fulfilling their contractual
    obligations by state of force Majeure lasting for a continuous period
    of three months both the parties shall consult each other and decide
    about the future course of action regarding the contract.”

    16. This Court is inclined to accept the argument advanced on

    behalf of the petitioner that the circumstances prevailing at the

    work site would fall within the ambit of the force majeure clause.

    The reasons for the same are twofold. Firstly, Clause 4.65 is not

    exhaustive and is merely illustrative in setting out the

    circumstances under which the force majeure clause may be

    invoked. It is true that strikes, agitations, or obstructions caused

    by the truck union/association are not per se included in the said

    clause, however, a holistic reading thereof reveals that any cause

    beyond the reasonable control of a party would qualify as a force

    majeure condition. Considering that such obstruction was not

    faced by the petitioner alone, but had also arisen when previous

    contractors were engaged for the same work, and further

    considering that the work could only commence with the

    assistance of the police authorities, it is evident that the situation

    was beyond the control of both the petitioner and the RSMML

    authorities.

    16.1 Secondly, the note-sheet, various letters communicated to

    the Police and Collector so also the photographs of the site,

    available on record reflect that the authorities themselves were

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    treating the situation as one of force majeure. Therefore, it is, in

    effect, an admitted position that the circumstances were beyond

    the reasonable control of the petitioner, thereby justifying the plea

    of force majeure.

    16.2 Furthermore, the clause does not merely cover natural

    calamities but also extends to other circumstances that may arise

    and are beyond the control of the parties to the agreement.

    16.3 So far as the requirement of issuance of notice is concerned,

    the parties were fully aware of the situation prevailing at the site

    and were in continuous communication with each other, therefore,

    the invocation of the force majeure clause in the factual matrix of

    the case did not come as a surprise. Rather, pertinently, the

    authorities themselves had been treating the situation as one of

    force majeure and thereafter proceeded to cancel the contract on

    the very same grounds which had been so characterized.

    17. Though respondent – RSMML, in its reply, has denied that the

    law and order situation constitutes a valid ground for invoking the

    force majeure clause, the same runs contrary to its own note-

    sheets, which indicate that there was a serious law and order

    problem. It is also inconsistent with the submission made during

    the contempt proceedings that the issue has since been resolved

    and that a police outpost has been established at the site.

    18. In view of the above, since the force majeure clause would

    be applicable to the parties, this Court is of the considered opinion

    that the petitioner cannot be held liable for the delay in

    commencing the work or for failing to achieve the requisite

    targets. Consequently, the impugned termination order /

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    communication issued on the basis of these two grounds cannot

    be sustained.

    18.1 So far as judgments passed in the case of Blue Dreamz

    Advertising Private Limited (supra), M/S Techno Prints

    (supra), UMC Technologies (supra), and Isolators (supra) are

    concerned, since we have held that the termination of contract

    itself to be on basis of reasons which are covered under force

    majeure clause therefore, we do not deem it necessary to delve

    into the aspect as to whether the decision to blacklist on the same

    force majeure grounds is a rational one or not and whether the

    same was taken following the principles of natural justice. In other

    words, the root of the decision to blacklist, forfeit security deposit

    so also termination of the contract as has been held to be

    unsustainable by this Court, therefore, the question of weighing

    the correctness of blacklisting so also forfeiture of security deposit

    does not warrant adjudication.

    F. CONCLUSION :

    19. In the case of Subodh Kumar Singh Rathour (supra),

    while discussing the sanctity of public-private-partnerships in

    tender process, the Apex Court observed as under:

    “123. Before we close this judgment, we must also address one
    very important aspect as regards the importance of
    maintaining the sanctity of tenders in public private
    procurement processes.

    124. Public tenders are a cornerstone of governmental
    procurement processes, ensuring transparency, competition,
    and fairness in the allocation of public resources. It emanates
    from the Doctrine of Public Trust which lays down that all
    natural resources and public use amenities & structures are
    intended for the benefit and enjoyment of the public. The State
    is not the absolute owner of such resources and rather owns it

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    in trust and as such it cannot utilize these resources as it
    pleases. As a trustee of the public resources, the State owes i) a
    duty to ensure that community resources are put to fair and
    proper use that enures to the benefit of the public as-well as ii)
    an obligation to not indulge in any favouritism or
    discrimination with these resources. The State with whatever
    free play it has in its joints decides to award a contract, to hold
    up the matter or to interfere with the same should be
    accompanied by a careful consideration of the harm to public
    interest.

    125. Public tenders are designed to provide a level playing
    field for all potential bidders, fostering an environment where
    competition thrives, and the best value is obtained for public
    funds. The integrity of this process ensures that public projects
    and services are delivered efficiently and effectively, benefiting
    society at large. The principles of transparency and fairness
    embedded in public tender processes also help to prevent
    corruption and misuse of public resources. In this regard we
    may refer to the observations made by this Court in Nagar
    Nigam v. Al. Farheem Meat Exporters Pvt. Ltd.
    reported in
    (2006) 13 SCC 382, which reads as under :

    16. The law is well settled that contracts by the State,
    its corporations, instrumentalities and agencies must
    be normally granted through public auction/public
    tender by inviting tenders from eligible persons and
    the notification of the public auction or inviting
    tenders should be advertised in well-known dailies
    having wide circulation in the locality with all
    relevant details such as date, time and place of
    auction, subject-matter of auction, technical
    specifications, estimated cost, earnest money deposit,
    etc. The award of government contracts through
    public auction/public tender is to ensure
    transparency in the public procurement, to maximise
    economy and efficiency in government procurement,
    to promote healthy competition among the tenderers,
    to provide for fair and equitable treatment of all
    tenderers, and to eliminate irregularities, interference
    and corrupt practices by the authorities concerned.

    This is required by Article 14 of the Constitution.

    (Emphasis supplied)

    126. The sanctity of public tenders lies in their role in
    upholding the principles of equal opportunity and fairness.
    Once a contract has come into existence through a valid

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    tendering process, its termination must adhere strictly to the
    terms of the contract, with the executive powers to be
    exercised only in exceptional cases by the public authorities
    and that too in loathe. The courts are duty bound to zealously
    protect the sanctity of any tender that has been duly
    conducted and concluded by ensuring that the larger public
    interest of upholding bindingness of contracts are not
    sidelined by a capricious or arbitrary exercise of power by the
    State. It is the duty of the courts to interfere in contractual
    matters that have fallen prey to an arbitrary action of the
    authorities in the guise of technical faults, policy change or
    public interest etc.”

    20. Considering the above observations, it is essential to note

    that the authorities themselves were treating the situation as

    being beyond control and unmanageable at the end of either

    party, however, they subsequently proceeded to cancel the

    contract on the basis of delay and shortfall caused by such an

    uncontrollable situation. This contradictory approach of the State,

    after awarding the tender to the successful bidder, cannot be

    upheld, as it is clearly borne out from the record that the

    petitioner was not at fault, rather, it was the extraneous

    circumstances that adversely affected the execution of the work.

    21. The totality of the circumstances in the present case clearly

    indicates that the ground realities were not conducive for the

    petitioner to execute the work in a free-flowing manner and

    without hindrance.

    22. In the above-discussed peculiar facts and circumstances of the

    case, this Court has no hesitation in observing that the situation

    was beyond the reasonable control of the petitioner, as

    contemplated under the force majeure Clause No. 4.65 of the NIT.

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    23. In view of the observations made above, the impugned

    order/communication dated 24.12.2023 (Annexure-38) issued by

    Rajasthan State Mines and Minerals Ltd. is quashed and set aside.

    Accordingly, the writ petition is allowed.

    24. Any pending applications stand disposed of.

    (Per Arun Monga, J.)

    1. While concurring with the judgment, ibid, so eruditely

    authored by my learned brother, Sunil Beniwal, J., I deem it

    apposite to append a brief epilogue. The official records,

    contemporaneous correspondence with the authorities, and the

    prevailing site conditions unmistakably demonstrate that the

    situation was, in fact, treated as one of force majeure. De jure

    also, it has been conclusively held that such circumstances indeed

    fell squarely within the contractual definition of force majeure, in

    light of the reasons and findings already recorded.

    2. In that perspective, the petitioner cannot be fastened with

    liability for any delay or failure in achieving contractual targets.

    The very substratum of the termination thus being untenable, the

    resultant cascading ripple effect i.e. the consequential actions

    emanating therefrom, viz. blacklisting and forfeiture of the

    security deposit, are also rendered equally unsustainable/unlawful

    and it is accordingly so held, leading to quashing of the impugned

    order in totality, as above. The blacklisting and forfeiture do not

    merit independent adjudication/reasoning, as the very root cause

    itself has already been declared legally infirm.

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    3. It is also pertinent to note that, in response to a specific

    query during the course of hearing, learned counsel for RSMML

    fairly conceded that the petitioner’s performance, post the force

    majeure period, was entirely satisfactory and free from any

    complaint. This fortifies the conclusion that the plea of force

    majeure was no moonshine defence. It was neither contrived nor

    illusory, but owing to the genuine circumstances beyond the

    petitioner’s control.

    4. Moreover, now with only a brief remainder of the contractual

    term subsisting (couple of months or so), after which fresh

    tenders are to be invited, this contributory equitable factor also

    persuades us to permit the petitioner to continue for the balance

    duration of the contract.

                                       (SUNIL BENIWAL),J                                               (ARUN MONGA),J
    
    
    
    
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