DEVASHIS BARUAH
Janardan Kalita S/o Bipin Chandra Kalita – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
The instant writ petition is filed by the Petitioner being aggrieved by the settlement made in favour of the Respondent No. 7 who was the second highest bidder in respect to Mazbat Weekly Open Market and also for a direction upon the Respondents to settle the Mazbat Weekly Open Market with the Petitioner for the year 2023-24. From a perusal of the materials on record, it reveals that the Joint Secretary, Bodoland Territorial Council, Kokrajhar had invited bids vide a tender notice bearing Memo No.CHD/Market-01/2020/Pt-I/98-(A) dated 20.05.2023 for settlement of Mazbat Weekly Open Market alongwith other Markets/Go-Hats/Parking /Parghat/Fisheries/Cattle Pounds for the year 2023-24 under the Mazbat Development Block, Udalguri thereby fixing 17.06.2023 as the last date for submission of the bids. The Petitioner alongwith other bidders duly participated pursuant to the said tender process.
2. It appears from the comparative statement enclosed as Annexure-II to the writ petition that the Petitioner alongwith the Respondent No. 7 and one Amor Brahma had submitted the tender in respect to the Mazbat Weekly Open Market.
3. It further reveals that the Petitioner had deposited an amou
The main legal point established in the judgment is that settlement of a tender must be made in accordance with the terms and conditions specified in the tender notice, and any deviation without vali....
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....
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....
The authorities have the discretion to re-tender in case of a single bid and to condone minor defects in bids to protect public interest.
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....
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