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/ghats/fisheries within its jurisdiction for the Panchayat Financial Year : 2021 – 2022 and for the period from 01.07.2021 to 30.06.2022. As per the Tender Notice, the last date of submission of bids was up to 02-00 p.m., 23.06.2021. Amongst the ghats sought to be settled vide the Tender Notice dated 10.05.2021 was a ghat named Ananda Bazar Mazid Bhita Parghat under Baghbor Gaon Panchayat. In the Tender Notice, the yearly sale value for Ananda Bazar Mazid Bhita Parghat [hereinafter also referred to as ‘the Ghat’, for easy reference at places] was fixed at Rs. 10,000/-and the earnest money required to be deposited by a bidder was fixed at Rs. 1,000/-.

4. In response to the Tender Notice, 7 [seven] nos. of bidders including the petitioner, had submitted their bids quoting different bid values. The names of the bidders including their bid values, in descending orders, were as follows :

5. After receipt of the bids from the participant bidders, the General Standing Committee of the Anchalik Panchayat opened the tender papers of all the bidders. Thereafter, the General Standing Committee of the Anchalik Panchayat examined the tender papers and recorded their comments in respect of each of the bids in a Comparative Statement prepared for the purpose, as mandated by Rule 47[7] of the Assam Panchayat [Financial] Rules, 2002.

6. The learned Standing Counsel, Panchayat & Rural Development Department has produced the records of settlement in original including the Comparative Statement prepared by the General Standing Committee of Mandia Anchalik Panchayat.

7. The General Standing Committee of Mandia Anchalik Panchayat forwarded the tender papers along with the Comparative Statement recording its comments at relevant places therein, to the office of Barpeta Zilla Parishad in terms of the provisions of Section 109[6] of the Assam Panchayat Act, 1994, as amended, for consideration of the General Standing Committee of Barpeta Zilla Parishad as the bid values of the purportedly highest valid bidder was found to be above Rs.1,00,000/-. After receipt of the tender papers along with the Comparative Statement, the General Standing Committee of Barpeta Zilla Parishad evaluated the bids and after such evaluation, the General Standing Committee decided to offer settlement of the Ghat, that is, Ananda Bazar Mazid Bhita Parghat in favour of the highest bidder in terms of Clause 10 of the Tender Notice dated 10.05.2021.

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