Non-fulfillment of mandatory conditions under the NIT, specifically Clause 2.7, led to the setting aside of the settlement with respondent no.5.

1. Heard Mr. M. Mahanta, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned Standing Counsel, AFDC for the respondent nos.2, 3 & 4. Mr. S.R. Barua, learned counsel appears for the respondent nos.1 & 6, while Mr. A.K. Sahewalla, learned counsel appears for the respondent no.7. No one appears for the respondent no.5 despite the counsel having appeared earlier and the respondent no.5 having filed affidavit-in-opposition.

2. The challenge in the writ petition is to the settlement of the Gelachinga Fishery with the respondent no.5 for a period of 7 (seven) years, w.e.f. 01.04.2018 till 31.03.2025, at the respondent no.5’s bid amount of Rs.1,13,05,000/-.

3. The respondent no.5 has submitted his affidavit dated 22.08.2019. However, the AFDC, i.e. the respondent nos.2 to 4 have not submitted any affidavit till today, even though the writ petition was filed on 10.10.2018. This Court has granted the AFDC, i.e. the respondent nos.2 to 4, four opportunities to produce the official records for disposal of the case. Today, Mr. P. Sarma, learned Standing Counsel, AFDC submits that the official records are untraceable and accordingly, vide letter dated 22.04.2024, the Project Manager, AFDC has submitted an FIR with the police for registration of a case, in respect of the untraceable official records pertaining to the present case.

4. Considering all the above facts and keeping in view the fact that the writ petition has been pending in this Court for the last 6 (six) years, this Court is of the view that the present matter should be decided on the basis of the materials on record, as has been reflected in the order dated 02.04.2024 passed by this Court.

5. The petitioner’s counsel submits that the bid of the respondent no.5 for settlement of the Gelachinga Fishery pursuant to the Tender Notice No.01/2018 dated 25.05.2018 (hereinafter referred to as the NIT) was Rs.1,13,05,000/-. On the other hand, the petitioner’s bid amount was Rs.99,40,000/-.

6. The NIT dated 25.05.2018 was for settlement of the fishery for seven years. The case of the petitioner is that the petitioner and the respondent no.5 had passed the Technical Bid Evaluation Stage and it was only due to the higher bid amount offered by the respondent no.5 that the fishery was settled with the respondent no.5.

7. The petitioner’s counsel submits that the fishery could not have been settled with the respondent no.5, as the respondent no.5’s tender documents were not in compliance with the eligibility criteria provided in the NIT. He submits that the respondent no.5 did not have the required 3 (three) years experience for running a fishery/fish farming, as required under Clause 2.7 of the NIT. Further, the respondent no.5 was a defaulter, as he was having a Bakijai case before the Certificate Officer, Golaghat. Thus, the Bakijai Clearance Certificate given by the respondent no.5 was doubtful and as such, he could not have cleared the hurdle of Clause 5.4 of the NIT. He also submits that the Comparative Statement made at the time of opening of the Technical Bid, was to be signed by the official of the Corporation and the tenderer in terms of Clause 9.2 of the NIT. However, the Comparative Statement made by the State respondents did not contain the signature of the respondent no.5. Further, the affidavit to be submitted by the tenderers was to be made on Non-Judicial Stamp Paper of Rs.20/-, while the affidavit of the respondent no.5 was made on Non-Judicial Stamp Paper worth Rs.15/-. He submits that as the mandatory/essential conditions of the tender documents were not complied with, the fishery could not have been settled with the respondent no.5. He accordingly prays that the settlement of the fishery with the respondent no.5, along with any subsequent contract agreement executed by the parties, should be set aside and the petitioner who is the second highest tenderer, should be given settlement over the fishery, for the remaining period of the term pursuant to the NIT.

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