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MANISH CHOUDHURY
Based Ali S/o Lt. Rahizuddin – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
The instant writ petition under Article 226 of the Constitution of India has been instituted by the petitioner seeking inter alia a direction in the nature of mandamus for directing the respondent authorities in the Barpeta Zilla Parishad to settle a market named Balikuri Market located within the territorial jurisdiction of Sonapur Rubhi Gaon Panchayat under the Mondia Anchalik Panchayat as the petitioner emerged as the highest valid bidder in the competitive bidding process initiated by and undertaken for settlement of the market i.e. Balikuri Market pursuant to a Tender Notice dated 03.08.2022.
2. I have heard Mr. H. Ali, learned counsel for the petitioners and Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 3, 4 & 5; Mr. K. Gogoi, learned Senior Government Advocate, Assam for the respondent no. 2.
3. As per the office note dated 16.12.2022, the service of notice upon the respondent no. 6 is complete. Despite service of notice, none has appeared for the respondent no. 6 till date.
4. The factual matrix of the case lies in a narrow compass. By a Tender Notice dated 03.08.2022, the Mondia Anchalik Panch
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....
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....
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....
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....
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....
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.
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