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2023 Supreme(Gau) 1388

SANJAY KUMAR MEDHI
Anjala Basumatary W/o. Sri Satho Basumatary – Appellant
Versus
State Of Assam And Ors Rep. By The Principal Secretary To The Govt. Of Assam, Environment And Forest Deptt. , Assam Secretariat, Dispur, Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. T J Mahanta, Shri J. Sarmah, Advocate.
For the Respondent:Shri D. Gogoi, SC, Environment & Forest Deptt., Shri S. Borthakur, Advocate for Private Respondent.

JUDGMENT & ORDER :

Both these writ petitions being connected and an analogous hearing being conducted, the same are being disposed of by this common judgment and order. While the petitioner who is the same in both the writ petitions have filed the first writ petition- WP(C)/5728/21 against a Speaking Order dated 03.09.2021 by which the representation of the petitioner pertaining to a Notice Inviting Tender dated 11.06.2021 has been rejected and her technical bid has been held to be non responsive, the second writ petition-WP(C)/1609/2022 has been filed challenging an Work Order dated 01.12.2021 in favour of the respondent no.5. However, before going to the issue involved, it would be convenient if the facts of the case are narrated in brief.

2. The Forest Department had issued an Auction Notice dated 11.06.2021 for settlement of the “Simen Sand & Gravel Mining Concession Area” in the district of Dhemaji for a period of five years (hereinafter Mahal). The petitioner, who claims to be eligible in all respects had participated in the bidding process along with eight other bidders including the respondent no.5. In the technical evaluation, the bids of the petitioner as well as the respon

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