Back
KALYAN RAI SURANA
Anjala Basumatary, W/o. Satho Basumatary – Appellant
Versus
State Of Assam, rep. by The Principal Secretary, To the govt. Of Assam, Environment And Forest Department – Respondent
JUDGMENT :
Heard Mr. T.J. Mahanta, learned senior counsel, assisted by Mr. J. Sarmah, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned standing counsel for the State respondent nos. 1 to 4 and Mr. S. Borthakur, learned counsel for private respondent no.5.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the Letter of Intent (LoI for short) and consequential Work Order dated 01.12.2021, issued by the Divisional Forest Officer, Dhemaji Division (hereinafter referred to as ‘DFO’ for short) (respondent no.4) in favour of the private respondent no. 5. The petitioner has also prayed for directing the respondent authorities to consider the tender submitted by the petitioner as technically qualified for participation in the second stage of auction along with other technically qualified bidders.
3. The case of the petitioner, in brief, is that the “Likabali Sand and Gravel Mahal Contract Area” (hereinafter referred to as “Likabali Mahal” for brevity under Dhemaji Forest Division was put for on-line sale vide e-Auction notice dated 21.06.2021. The bid was a two stage bid, and only the technically qua
The decision-making process of the tendering authority should be respected unless there is mala fide or perversity, and the court should only interfere in tender matters in furtherance of public inte....
The rejection of bids must be based on valid reasons and must not be arbitrary or mala fide. Court orders must be adhered to, and decisions must be in accordance with the law.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
Adherence to the prescribed format and requirements outlined in the bidding documents is crucial, and failure to comply with mandatory requirements can lead to the valid rejection of a technical bid.
The rejection of technical bids based on arbitrary grounds was unjustified, necessitating a fresh tender process due to the flawed evaluation and lack of two qualified bidders.
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
