VidhiSangh

Supreme Court of India · 07/11/2025

M/S SHANTI CONSTRUCTION PVT. LTD. versus THE STATE OF ODISHA & ORS.

[2025] 11 S.C.R. 475 · 2025 INSC 1295

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Summary

The highest bidder in a sand-quarry auction was rejected for not filing the income tax return for FY 2021-22, though bids closed in July 2022 before the statutory due date for that return. The Supreme Court held that 'previous Financial Year' in Rule 27(4)(iv) of the Odisha Minor Mineral Concession Rules, 2016 had to be read with the Income Tax Act and meant FY 2020-21; the rejection was a misconstruction that reduced competition and State revenue. As most of the lease term had lapsed, a fresh auction was ordered.

Issues

  1. What 'previous Financial Year' means in Rule 27(4)(iv) of the Odisha Minor Mineral Concession Rules, 2016 when a tender is issued before the due date for filing the latest year's income tax return.
  2. Whether the highest bidder's bid was wrongly rejected as non-responsive, and whether the High Court erred in upholding the rejection.
  3. What relief should be granted when much of the lease period had already elapsed.

Provisions considered

Held

Result

Appeals disposed of; High Court judgment set aside; the Tehsildar to issue a fresh auction notice for the sand quarry under the 2016 Rules, open to both bidders and others; the State to refund the successful bidder's deposit within 30 days with interest at 6% per annum from the date of deposit.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 475.