Point of Law: Rule 47(10) of Assam Panchayat (Financial) Rules which prescribe for granting settlement with the highest bidder.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Two numbers of issues have arisen for determination in the instant case. The principal issue is as to whether the respondent authorities are justified in allotting a market in favour of the respondent no. 7 in spite of the fact that the bid of the petitioner is higher than that of the respondent no. 7. However, before deciding the issue, the preliminary issue which requires determination is as to whether a bidder whose bid is defective is eligible to maintain such a challenge. It is needless to say that if the preliminary issue is decided against the petitioner, there would be no requirement to decide the second question which otherwise also is a settled position in law that it is the highest bidder in a tender pertaining to a settlement of a Mahal etc. who is generally offered the settlement and in case of deviation, the same has to be justified by cogent and reasonable grounds.

2. However, to decide the aforesaid issues, the bare minimum facts of the case is required to be put on record.

3. The matter pertains to settlement of the Khelmati Weekly Market (hereinafter called the Market) under the Sonitpur Zila Parishad. A NIT was published on 21.05.2022 for settlement of different markets under the Balipara Anchalik Panchayat within the Sonitpur Zila Parishad for the year 2022-23. It is the case of the petitioner that he had submitted his bid for the aforesaid Market on 20.06.2022. Though the petitioner has claimed to have submitted all the required documents along with the bid, he came to learn that his Jamabandi was removed from the set of papers and he had accordingly filed a complaint to the Chief Executive Officer, Sonitpur Zila Parishad. On the same date, the settlement of the Market was made with the respondent no. 7 which is the subject matter of challenge in this writ petition. The petitioner has further contended that the certified copy of the Comparative Statement was itself furnished to the petitioner belatedly.

4. It is the contention of the petitioner that the bid offered by the petitioner is higher than that of the respondent no. 7 and therefore, the impugned action is not sustainable in law and liable to be set aside and a further direction may be issued for settlement of the Market with the petitioner.

5. I have heard Shri M.H. Choudhury, learned Senior Counsel assisted by Shri M.K. Choudhury, learned counsel for the petitioner. I have also heard Shri NK Dev Nath, learned Standing Counsel, P&RD Department for the respondent nos. 1 to 6. None has appeared for the respondent no. 7 in spite of completion of service. The records placed before this Court have also been duly perused.

6. Shri Choudhury, the learned Senior Counsel has submitted that in a settlement which earns revenue, the amount involved is of paramount importance. By drawing the attention of this Court to the pleadings, more specifically, paragraph 4 of the writ petition, it is submitted that whereas the bid of the petitioner was Rs. 8,21,951/- that of the respondent no. 7 was Rs. 7,05,071/-. Thus, it is submitted that the difference is more than Rs. 1,00,000/- (Rupees One Lac) which is a substantial amount considering the bid in question. It is further submitted that the bid of the respondent no. 7 is defective inasmuch as, he did not meet certain criteria of the tender conditions and there were inconsistencies which is evident from the Comparative Statement. By referring to the said Statement, it is submitted that so far as financial soundness of the respondent no. 7 is concerned, there is a marked inconsistency.

7. Reference is also made to Rule 47(10) of the Assam Panchayat (Financial) Rules which prescribe for granting the settlement with the highest bidder. The learned Senior Counsel submits that being prima facie satisfied, this Court while issuing notice of motion vide order dated 08.07.2022 had passed an interim order staying the impugned order of settlement with a liberty to the Balipara Anchalik Panchayat to c