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MANISH CHOUDHURY
Nabajit Bora, Son of Late Mahendra Bora – Appellant
Versus
State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Department of Housing and Urban Affairs – Respondent
JUDGMENT :
This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner to assail the action on the part of the Barpathar Municipal Board authorities in settling a market viz. ‘Barpathar Weekly Market’ [‘the Market’, for short] in favour of the respondent no. 9 interaliaon the ground that the bid of the petitioner was found to be a valid and higher one than that of the respondent no. 9. The petitioner has challenged an order of settlement dated 28.03.2023 issued under the hand of the Chairman, Barpathar Municipal Board whereby the Market has been settled in favour of the respondent no. 9 for the year : 2023-2024.
2. The facts which are necessary for adjudication of the controversy raised in this writ petition can be narrated, in brief, as follows:-
2.1 A Tender Notice dated 02.03.2023 [‘Tender Notice’, for short] for settlement of 3 [three] nos. of markets and 1 [one] parking place which are within the territorial jurisdiction of the respondent Barpathar Municipal Board, was published by the Barpathar Municipal Board inviting sealed bids f
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....
The decision to settle a market must be based on fair treatment of bidders and relevant commercial factors, and changing the goalpost during the bidding process is impermissible.
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....
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