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MANISH CHOUDHURY
Hasmat Ali, S/o. Late Sanifuddin Seikh – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Govt. of Assam, Panchayat and Rural Development Deptt. – Respondent
JUDGMENT :
By this writ petition under Article 226 of the Constitution of India, the petitioner has assailed an order dated 18.12.2021 passed by the respondent no. 4 i.e. the Chief Executive Officer, Darrang Zilla Parishad, whereby, the settling authority had settled a market viz. ‘Tangni Weekly Open Market’ [‘the Market’, for short] in favour of the respondent no. 8 for the period from 25.12.2021 to 30.06.2022. While seeking setting aside of the impugned order dated 18.12.2021, the petitioner has also sought for a direction to the respondent authorities to grant settlement of the Market in favour of the petitioner.
2. By a Tender Notice dated 21.06.2021 published by the Pub Mangaldoi Anchalik Panchayat, Dhola, sealed bids were invited from interested bidders for settlement of a number of markets/ghats/fisheries falling within its jurisdiction for the Panchayat Financial Year : 2021-2022 and for the period from 01.07.2021 to 30.06.2022 as per the provisions of the Assam Panchayat Act, 1994, as amended. It was mentioned that the period of settlement would be effective from the d
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....
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....
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....
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....
Failure to challenge a clause in the tender notice during the selection process precludes a party from challenging it later.
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