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MANISH CHOUDHURY
Anowar Hussain S/o Late Nur Hussain – Appellant
Versus
Government of Assam Represented by the Commissioner and Secretary to the Government of Assam, Panchayat and Rural Development Department – Respondent
JUDGMENT :
By a Tender Notice dated 04.05.2022, the Baitamari Anchalik Panchayat under the Bongaigaon Zilla Parishad invited sealed bids for settlement of a nos. of markets/ghats/fisheries for the Panchayat Year : 2022-2023, that is, for the period from 01.07.2022 to 30.06.2023. One of the markets in respect of which sealed bids were invited was Kabaitary Half-Weekly Market [‘the Market’, for short]. As per the Tender Notice, the last date of submission of bids was up-to 02-00 p.m., 18.06.2022. In response to the Tender Notice dated 04.05.2022, 6 [six] nos. of bidders submitted their bids for the Market. The petitioner and the respondent no. 7 were amongst those 6 [six] nos. of bidders. After submission of the bids, the General Standing Committee of the Anchalik Panchayat evaluated the bids and thereafter, a comparative statement was prepared recording the remarks therein in respect of each of the bids. As the bid value of the highest valid bidder was found more than Rs. 1,00,000/-, the Baitamari Anchalik Panchayat after identifying the higher valid bidder, forwarded the tender papers to the Bongaigaon Zilla Parishad for confirmation in compliance of the provision contained in sub-s
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 : 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....
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....
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