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2018 Supreme(Gau) 270

PRASANTA KUMAR DEKA
NAYEB ALI – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. F.Y. Hussain, Mr. R. Ali, Advocate
For the Respondent:Mr. T.C. Chutia, Mr. H. Ali, Advocate

JUDGMENT AND ORDER :

1. Heard Mr. R Ali, learned counsel appearing for the petitioner. Also heard Mr. TC Chutia, learned Additional Senior Government Advocate and Mr. H Ali, learned counsel appearing on behalf of the respondent No. 7.

2. The petitioner states that the President of Mandia Anchalik Panchayat issued a tender notice on 09.05.2017 for settlement of Hat/ Parghats/ Fishery etc. falling under the jurisdiction of the said panchayat for the year 2017-18. The said tender notice stipulated qualifying criteria of the bidders and amongst other clauses 15 (kha), and 18 which are relevant and reproduced hereinbelow:-

"(B) In respect of Parghat the tenderer should submit the copy of insurance policy in respect of boat and passengers. After getting the settlement holder should submit the license of the haul operator and capacity of passengers. The settlement holder should also keep the articles of safety in the boat otherwise settlement will be cancelled.

18. If the terms and condition of Part-1 & 2 from serial No. 1 to 17 is not fulfilled, tender will be cancelled." (Translated from the vernacular)

3. The tender was opened wherein 16 bidders participated which was for "Sukhaarzhar Manik













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