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MICHAEL ZOTHANKHUMA
Rakheb Daimary, S/o Bhadreswar Daimary – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. K Sarma, learned counsel for the petitioner. Also heard Ms. N Borah, learned counsel for the respondent No. 1, Mr. P Nayak, learned counsel for the respondent Nos. 2, 3, 5 & 6 and Mr. M Chetia, learned counsel for the respondent No. 4. No one appears for the respondent No. 7, the private respondent.
2. The petitioner is aggrieved with the State respondents not selecting the petitioner as the successful bidder for running the Mushalpur Bi-weekly Market, for the 2022-2023 period, from 01.07.2022 to 30.06.2023, in pursuant to the Notice dated 17.06.2022, though the petitioner was the highest bidder.
3. The petitioner’s case is that in terms of the notice dated 17.06.2022, the highest bidder was to be selected for running the Mushalpur Bi-weekly Market. However, the 2nd highest bidder namely, the respondent No. 7 has been selected. He accordingly submits that the impugned order dated 16.08.2022 issued by the respondent No. 4, authorizing the respondent No. 6 to run the Mushalpur Bi-weekly Market for the year 2022-2023, should be set aside and a direction be issued
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....
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....
Point of Law : Process of settlement resulting into the order of settlement in favour of the respondent no. 9 is found to be arbitrary and irrational one.
The authorities have the discretion to re-tender in case of a single bid and to condone minor defects in bids to protect public interest.
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....
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 : 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....
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