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2009 Supreme(Gau) 588

B.D.AGARWAL
Pani Ram Kalita – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
A.K.Bhuyan, Aslam, B.Gogoi, D.Saikia, D.Senapati, M.Bhuyan, P.Bora, P.Hazarika, R.Dubey, U.Raj Saikia

1. A common question, i.e., whether the Notice Inviting Tenders dated 27.5.2009 for Nimati Kamalabari Ferry Service for the year 2009-2010 can be set aside on the ground of non-publication of 1st NIT dated 19.1.2009 in the newspapers has been raised in all the writ petitions. Hence, all the three writ petitions were heard analogously and being disposed of by this common judgment.

2. Heard argument of Shri M. Bhuyan, Shri B. Gogoi and Shri. P. Bora, learned counsel for the writ petitioners respectively. Argument on behalf of respondents were advanced by Shri A.K. Bhuyan, learned counsel. I have also perused the pleadings of the parties as well as relevant files produced by learned counsel for the respondents.

3. Facts necessary for disposing of writ petitions are that as usual the Executive Engineer, Inland Water Transport Department, Dibrugarh issued NIT dated 19.1.2009 under memo No. ESF-17/2008-09/2667 for as many as 8(eight) Ferry services (This NIT is hereinafter referred to as the 1st NIT'). In pursuance of the aforesaid 1st NIT as many as 9, (nine) tenders were submitted and the tenders were opened on 4.2.2009. In the previous year the Nimati Kamalabari Ferry Service (briefly N



























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