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SANJAY KUMAR MEDHI
Naimuddin, S/o. Late Taimuddin – Appellant
Versus
State of Assam, Represented by the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department – Respondent
JUDGMENT :
Heard Shri N. Sarma, learned counsel for the petitioner. Also heard Shri S. Dutta, learned Standing Counsel, P&RD. Shri A.M. Khan, learned counsel has appeared for the respondent no. 5.
2. Both the Department as well as the respondent no. 5 have filed affidavit-in-oppositions and the petitioner has also filed rejoinders.
3. Considering the facts and circumstances which includes the aspect of settlement of a market for a period of 1 year and as agreed to by the parties, the instant writ petition is taken up for disposal at the admission stage.
4. The case projected is that the Mandia Anchalik Panchayat in the district of Barpeta had published a Notice Inviting Tender (NIT) on 03.05.2023 for settlement of various markets/parghat etc. including the Milijuli Market. The term of the settlement was for a period of 1 year ending on 30.06.2024. It is the case of the petitioner that he being the previous lessee had participated in the same process by submitting all necessary documents. The respondent no. 5 was also one of the bidders. It is however the case of the petitioner that while the bids submitted by the petitioner was valid in all respects, the bid of the respondent no. 5 was
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.
Bid submission does not guarantee acceptance; judicial review is warranted only for arbitrary decisions in tender processes.
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....
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....
The court emphasized the need for a fair enquiry into the low settlement rates and the possibility of connivance, and the initiation of proper action if mischief was found.
A binding contract arises once a bid is accepted, requiring adherence to principles of natural justice before cancellation, especially when objections are pending.
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