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NELSON SAILO
Basu Dev Biswas S/o- Lt. Swarup Biswas – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. H. Ali, learned counsel for the petitioner, Ms. U. Das, learned Addl. Senior Govt. Advocate for respondent Nos. 1, 3, 4 & 6, Mr. P. Sarma, learned Standing Counsel, AFDC for respondent No. 2 and Mr. B.D. Das, learned Senior Counsel assisted by Mr. A.D. Choudhury, learned counsel for the respondent No. 7.
2. The issue involved in the instant writ petition is regarding settlement of No. 58 Lao Pani Meen Mahal in the district of Nagaon. Tender Notice No. 01/2020 was floated by the Managing Director, Assam Fisheries Development Corporation, Nigam Ltd., Guwahati (respondent No. 2) on 18.02.2020 for settlement of Meen Mahal for a period of seven (7) years staring from the financial year of 2020-2021 through an agreement. According to the petitioner, there were five (5) tenderers who participated in the bidding process and after qualifying in the technical bid, his bid was found to be the highest in the financial bid. Despite the same, the respondent authorities contemplated awarding the tender to the respondent No. 7, and therefore the petitioner filed the instant writ petition praying for setting aside and quashing the settlement of the Meen Mahal given in favour of t
The main legal point established in the judgment is the requirement for the respondent No. 2 Corporation to adhere to the tender conditions and undertake a fresh consideration of the relevant materia....
The rejection of bids must be fair and transparent, and the duty to ensure livelihood does not justify arbitrary rejection of the highest bidder. Transparency and fairness are essential in the biddin....
Point of Law : A certificate issued by such an authority carries with it a presumption under Section 114 III.(e) – “That judicial and official acts have been regularly performed.
The court established that in matters of public revenue settlements, the highest financial bid must be prioritized unless there are valid and justifiable grounds for rejection that comply with the ap....
Public authorities cannot disqualify tender participants based on undeclared criteria absent from the tender notification. Doing so violates principles of fairness and non-arbitrariness, as administr....
The rejection of bids based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953 was held to be based on irrelevant considerations. The bids of the Petitioners ....
The term 'neighborhood' in fishery settlements is to be interpreted pragmatically, emphasizing community proximity over mere distance, and administrative authority's decisions should not be disturbed....
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