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MANISH CHOUDHURY
Md. Jonab Ali, S/o. Md. Habej Ali – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam Panchayat and Rural Development Department – Respondent
JUDGMENT :
The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner assailing the action on the part of the Naoboicha Anchalik Panchayat in settling Dejoo Daily Market in favour of the respondent no. 8 inter-alia on the grounds that the bid value of the petitioner was higher than the bid value offered by the respondent no. 8. The additional grounds on which the impugned order of settlement have been challenged are : firstly, the bid value offered by the petitioner being more than Rs.1,00,000/-, there was violation of the provisions of Section 109[6] of the Assam Panchayat Act, 1994, as amended; and secondly, there was clear violation of the provisions of Section 105[4] of the Assam Panchayat Act, 1994, as amended, as there was no confirmation of the settlement order passed by the Anchalik Panchayat by the jurisdictional Zilla Panchayat.
2. The facts which are necessary for adjudication of the issues raised in this writ petition can be exposited, in brief, as follows:-
2.1 A Tender Notice dated 23.05.2022 for settlement of 7 [sev
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....
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....
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