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 overwhelming public interest requires interference, the Court should intervene.

JUDGMENT :

By this writ petition under Article 226 of the Constitution of India, the petitioner has assailed an order dated 04.12.2021 passed by the respondent no. 4 i.e. the Chief Executive Officer, Darrang Zilla Parishad, whereby, the settling authority had settled a market viz. ‘Alikash Daily Vegetable Market’ [‘the Market’, for short] in favour of the respondent no. 8 for the period from 05.12.2021 to 30.06.2022. While seeking setting aside of the impugned order dated 04.12.2021, 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 Dalgaon Shialmari Anchalik Panchayat, 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 date of finalization of the settlement of the bidding process. As per the Tender Notice, the last date of submission of bids was originally fixed up to 02-00 p.m., 05.08.2021. After publication of the Tender Notice on 21.06.2021, a litigation ensued before the Court of learned District Judge, Darrang and the bidding process came to be stalled by virtue of an interim order dated 29.07.2021 passed by the learned Court. Later on, the Court of learned District Judge withdrew the interim order on 02.09.2021. Thereafter by a subsequent Notice dated 03.09.2021, the respondent no. 4 had intimated that the bidding process would recommence and the bids would be received up to 02-00 p.m., 18.09.2021 and the terms and conditions of the bidding process would remain the same as had been incorporated in the Tender Notice dated 21.06.2021. One of the markets which was sought to be settled by the Tender Notice dated 21.06.2021 and the Notice dated 03.09.2021 was Alikash Daily Vegetable Market [‘the Market’].

2.1. In the Tender Notice dated 21.06.2021, the annual Government value fixed for the Market was Rs. 5,89,600/- and the earnest money required to be deposited was Rs. 58,960/-.

2.2. In response to the Tender Notice, 16 nos. of bidders including the petitioner and the respondent no. 8, had submitted their bids quoting different bid values. The names of the bidders including their bid values, in descending order, were as under :-

2.3. After receipt of the bids from the participating bidders, the General Standing Committee of the Anchalik Panchayat opened the bids of all the bidders. Thereafter, the General Standing Committee of the Anchalik Panchayat examined the tender papers and recorded their comments in respect of the bids in a comparative statement prepared for the purpose. The office of the Anchalik Panchayat forwarded the bid documents along with the comparative statement recording their comments at relevant places therein to the office of the Darrang Zilla Parishad in terms of the provisions of Section 109[6] of the Assam