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DEVASHIS BARUAH
Farida Khanom D/o Ahmed Khan – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. PK Munir, Mr. AM Ahmed, Mr. FU Borbhuiya, Mr. MK Boro, Mr. R Ali, Mr. B Rahman, Mr. S Borthakur, Mr. DA Kaiyum, Mr. MK Hussain, the learned counsels appearing on behalf of the petitioners in the present batch of writ petitions. Also heard Mr. K Konwar, the learned Additional Advocate General, Assam, who is also the Standing Counsel of the P& RD Department, Government of Assam. In addition to that, on behalf of the P & RD Department, Mr. S Dutta appears. Mr. AK Ghose, Mr. A Sarma and Mr. MU Mahmud, the learned counsels appear on behalf of the private respondents in the batch of writ petitions.
2. The instant batch of writ petitions were filed challenging the Notification dated 29.06.2024 issued by the Principal Secretary to the Government of Assam, P & RD Department whereby the process of settlement of Haats, Ghats, Fisheries, Pounds etc. for the year 2024-25 for which various Notice Inviting Tenders were floated were cancelled on the basis of a decision of the Cabinet decision dated 27.06.2024. In addition to that, in some of the writ petitions, the Cabinet decision dated 27.06.2024 had also been assailed. The petitioners herein who have been intimated that they
The court upheld the cancellation of the tender process while rejecting extensions to existing lessees, emphasizing the need for adherence to statutory provisions governing Panchayat settlements.
Acceptance of a lesser bid may be permissible but in case of settlement of a market under the aegis of the Anchalik Panchayat and/or Zilla Parishad, the same is ordinarily required to be settled in f....
Process of settlement resulting into the order of settlement in favour of the respondent no. 6 is found to be vitiated one due to taking into account irrelevant factors in the decision making process....
Point of Law : Court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not and it is only when it comes to a conclusion that overwhelm....
The discretionary nature of the approval for lease extension and the importance of maintaining transparency and fairness in distribution of State largesse.
The Panchayat Samiti has the authority to manage ferry ghats through e-auction, overriding claims based on the Land and Land Reforms Manual, ensuring transparency and preventing monopolistic practice....
Section 105 of Assam Panchayat Act, 1994 clearly provides that settlement of a market (hat) shall not exceed one Panchayat Financial Year and that settlement has to be made by inviting tenderers.
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
Failure to challenge a clause in the tender notice during the selection process precludes a party from challenging it later.
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