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Judgment
Ajit Singh, C.J. - This intra-court appeal is directed against the order dated 7.8.2015 passed by the learned Single Judge of this Court in W.P.(C) No.3538 of 2015 whereby he has set aside the re-sale tender notice for sale of minor mineral contract area No.DIG/2 published in the issue of Dainik Janambhumi dated 22.5.2015.
Admittedly in W.P.(C) No.3538 of 2015 filed by Respondent No.1, the appellant was not impleaded as a party despite the fact that he was highest bidder in the re-sale tender. And, in the re-sale tender process. Respondent No.1 had also participated. It was only when Respondent No.1 discovered that he was not the highest bidder, he challenged the re-sale tender notice without impleading the appellant as party in the writ petition.
The learned Single Judge without mentioning facts and adverting on merit, merely on the admission made by Respondent No.1 and the Government Advocate, set aside the re-sale tender notice by a cryptic order. Such an order passed without giving an opportunity of hearing to the highest bidder cannot be allowed to sustain.
We, accordingly, set aside the order and remand the matter to the learned Single Judge for it''s decision afresh on merit after giving an opportunity of hearing to the appellant.
The appeal is allowed to the above extent.