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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE KARDAK ETE, J
Abdul Awal S/O- Miyar Uddin – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. S. Chauhan, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned Standing Counsel, Transport Department and Mr. K.P. Pathak, learned counsel for the respondent No.7.
2. By filing this writ petition, the petitioner has put to challenge the rejection of his tender and the order dated 30.08.2024, by which, the settlement of Bhuragaon-Badlichar via Pavakati, Malahu, Kalichar, Magurmari, Chialmari, Karaikhowa Ferry Service for the period 2024-26 has been granted to one Shri Hazrat Ali, the respondent No. 7 herein, pursuant to the tender dated 01.02.2024 issued by the Director, IWT, Assam for ferry service of 23 ferries.
3. The case of the petitioner is that he being an unemployed youth and claims to be a boatman has submitted his bid in response to the tender NIT dated 01.02.2024 issued by the Director of IWT, Govt. of Assam, inviting leasing out of IWT ferry service for the financial year 2024-26 for 23 Ferry services including Bhuragaon-Badlichar via Pavakati, Malahu, Kalichar, Magurmari, Chialmari, Karaikhowa Ferry Service on 14.02.2024 through the registered portal on online system. It is contended that the petitioner has submitted al
The court upheld the tender process, emphasizing that failure to submit required documents precludes claims for relaxation or judicial relief.
A public authority cannot abuse its power by giving extension of time to a bidder to deposit the tendered amount, resulting in vitiation of the process of tender.
The court upheld the tender authority's discretion to relax submission requirements, emphasizing that tender evaluations are commercial decisions that should not be interfered with lightly.
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.
It is settled position of law that power of judicial review of administrative action is intended to prevent arbitrariness, irrationality or unreasonableness or bias or mala fide.
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....
Non-fulfillment of mandatory conditions under the NIT, specifically Clause 2.7, led to the setting aside of the settlement with respondent no.5.
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