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MANISH CHOUDHURY
Anowar Hussain S/o. Lt. Abed Ali – Appellant
Versus
State of Assam, Represented By The Principal Secretary – Respondent
JUDGMENT :
Heard Mr. H. Ali, learned counsel for the petitioner and Mr. N.K. Deb Nath, learned Standing Counsel, Panchayat & Rural Development Department for all the respondents.
2. By this writ petition instituted under Article 226 of the Constitution of India, the petitioner has assailed the action on the part of the respondent authorities in the Panchayat and Rural Development Department in not refunding the security amount deposited by the petitioner pursuant to a Notice of Acceptance of Tender dated 31.07.2021 offering settlement of a ghat named Ananda Bazar Mazid Bhita Parghat, pursuant to a competitive bidding process initiated for the same by a Tender Notice dated 10.05.2021. The petitioner is also aggrieved by non-disposal of a Representation dated 26.05.2022 stated to have been submitted by the petitioner before the Chief Executive Officer, Barpeta Zilla Parishad [the respondent no. 2].
3. By the Tender Notice dated 10.05.2021 published by Mandia Anchalik Panchayat, District – Barpeta, sealed bids were invited from interested bidders for settlement of a number of markets
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 : 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....
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....
The court emphasized the importance of just and fair decision-making in the context of tender settlements, considering the substantial difference in financial bids and the defects in the bid of the r....
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