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MANISH CHOUDHURY
Babul Das, S/o Late Gopal Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing the action on the part of the respondent Mangaldoi Municipal Board authorities in settling the Fish Market in favour of the respondent no. 6 inter alia on the ground that the bid of the petitioner was found to be a valid one; the petitioner’s offered bid value was a higher one than that of the respondent no. 6 and there was infraction of Rule 7 of “the Rules for Procedure for the Sale of Pounds and Markets by Municipal Boards and Town Committees in Assam”, on the part of the respondent Mangaldoi Municipal Board authorities in granting the settlement.
2. The facts which are necessary for adjudication of the issue raised in this writ petition, can be delineated, in brief, as follows:-
2.1 A Tender Notice dated 27.04.2022 [‘the Tender Notice’] for settlement of markets/parking stands/fisheries, etc. was published by the Chairman, Mangaldoi Municipal Board inviting sealed bids from intending bidders for settlement of a number of markets. By the said Tender Notice
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.
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....
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....
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....
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....
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