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MANISH CHOUDHURY
Nayan Kalita, S/o Late Soru Kalita – Appellant
Versus
State of Assam, Represented by the Commissioner & Secretary to the Government of Assam – Respondent
JUDGMENT :
The petitioner by instituting this writ petition under Article 226 of the Constitution of India, has assailed an order of settlement dated 24.08.2021 passed by the respondent no. 4 i.e. the Chief Executive Officer, Kamrup Metro Zilla Parishad whereby a market named Dharapur Daily Market, had been settled in favour of the respondent no. 6 at her offered annual bid value of Rs. 6,52,505/. The petitioner while seeking setting aside of the consequential agreement executed between the respondent Kamrup [M] Zilla Parishad/Rani Anchalik Panchayat and the respondent no. 6 for the Dharapur Daily Market, has also made prayer for a direction to the respondent authorities to grant the settlement of Dharapur Daily Market in his favour contending that the bid of the petitioner was the highest valid bid.
2. The relevant facts for adjudication of the issues involved in this writ petition can be exposited, in brief, as under :
2.1. By a Tender Notice dated 01.06.2021 published under the hand of the President, Rani Anchalik Panchayat, sealed bids were invited from interested bidders fo
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....
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....
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....
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....
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....
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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