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MANISH CHOUDHURY
Debajit Hazarika S/o Late Suren Hazarika – Appellant
Versus
State of Assam Rep. by the Principal Secretary – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing the action on the part of the Golaghat Zilla Parishad in settling Sapjuri Weekly Market in favour of the respondent no. 6 inter-alia on the grounds that the bid of the petitioner was found to be a valid and higher one than that of the respondent no. 6 and there was infraction of Rule 47(10) of the Assam Panchayat (Financial) Rules, 2002 on the part of the General Standing Committee of Golaghat Zilla Parishad in granting the settlement.
2. The facts which are necessary for adjudication of the issue raised in this writ petition can be exposited, in brief, as follows:
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....
Acceptance of a lesser bid may be permissible but in case of settlement of a market under the aegis of the Anchalik Panchayat and/or Zilla Parishad, the same is ordinarily required to be settled in f....
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....
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....
The highest valid bidder should be considered for settlement, and acceptance of a tender other than the highest valid tenderer requires prior and formal approval of the government. The competitive bi....
Point of Law : When a bidder gets an order by suppression or concealment of material facts and the tendering authority despite having knowledge of the fact that the bidder has adopted a practice whic....
Fairness demanded that the tendering authority should have disclosed to all the tenderers beforehand that the bid value above a particular amount or above a particular percentage of the scheduled rat....
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