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SANJAY KUMAR MEDHI
Raja Borah, S/o. Lt. Someshwar Borah – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam Urban Development Deptt. – Respondent
JUDGMENT :
The subject matter of these seven petitions being similar which pertains to settlements made by the Jorhat Municipal Board of various markets / parking space under it and the issue being common, the same were heard together and disposed of by this common judgment and order. The primary ground is that in spite of the bid offered by the petitioners in their respective items being highest. However, ignoring the same and based on certain irrelevant considerations, the settlement has been sought to be given to the private respondents in their respective cases. In fact, in all these writ petitions there are interim orders operating by which the impugned order of settlement are stayed.
2. To address the issues, it is necessary to put on record the facts of the cases in brief.
3. The Jorhat Municipal Board (hereinafter called the JMB) had floated a Notice Inviting Tender (NIT) on 23.06.2022 inviting bids for settlement of as many as 13 nos. of Markets / Stands for the period 01.08.2022 to 31.03.2023. The petitioners had submitted their bids in respect of different markets / sta
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 : Process of settlement resulting into the order of settlement in favour of the respondent no. 9 is found to be arbitrary and irrational one.
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 decision to settle a market must be based on fair treatment of bidders and relevant commercial factors, and changing the goalpost during the bidding process is impermissible.
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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