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SANJAY KUMAR MEDHI
Ranjit Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT
Sanjay Kumar Medhi, J. - This Court vide order dated 17.11.2020, after hearing the interlocutory applications at some length, had observed that instead of deciding the application for modification of the interim order, both the writ petitions can be taken up for disposal at the admission stage. Accordingly, the same are taken up for disposal.
2. I have heard Shri PJ Saikia, learned counsel for the petitioner. I have also heard Shri G Pegu, learned Government Advocate, Assam; Shri TJ Mahanta, learned Senior Counsel assisted by Shri PP Dutta, learned counsel for the Sivasagar Municipal Board as well as Shri P Bora, learned counsel for the applicant in IA(C) No.1594/2020.
3. For better appreciation of the rival contentions, a brief narration of the facts of the case would be beneficial.
4. The petitioner was the settlement holder of the Central Market of Ward No. 8 of the Sivasagar Municipal Board (hereafter the Board) and his term was up to 31.03.2020. Being aggrieved by the inaction to consider his prayer for extension of the lease by one year, the petitioner had filed the first writ petition before this Court, being WP(C) No.1707/2020. It was the case of the petitioner that hi
The discretionary nature of the approval for lease extension and the importance of maintaining transparency and fairness in distribution of State largesse.
Process of settlement resulting into the order of settlement in favour of the respondent no. 6 is found to be vitiated one due to taking into account irrelevant factors in the decision making process....
Judicial review in contractual matters is limited to evaluating decision-making processes and does not extend to substituting the authority's decisions unless clear evidence of arbitrariness or mala ....
Point of Law : Process of settlement resulting into the order of settlement in favour of the respondent no. 9 is found to be arbitrary and irrational one.
The court affirmed that the state’s discretion in amending tender conditions is valid if it serves public interest, and a petitioner does not hold a vested right to lease renewal under changing condi....
The authorities have the discretion to re-tender in case of a single bid and to condone minor defects in bids to protect public interest.
Point of Law : Court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not and it is only when it comes to a conclusion that overwhelm....
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The main legal point established in the judgment is that in matters of tender, the State has the freedom to formulate conditions and the court should exercise judicial restraint, ensuring fairness an....
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