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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, J
Keshab Kalita, S/o. Late Rajen Kalita – Appellant
Versus
State of Assam represented by the Commissioner and Secretary to the Government of Assam, Municipal Administration Department – Respondent
ORDER :
(MICHAEL ZOTHANKHUMA, J.)
Heard Mr. M.K. Choudhury, learned Sr. Counsel for the petitioner assisted by Mr. K. Kalita. Mr. M. Chetia, learned counsel appears for the respondent Nos.1 & 2; Mr. B. Chakraborty, learned counsel appears for the respondent Nos.3-6, i.e., the Dhing Municipal Board, while Mr. K.N. Choudhury, learned Sr. Counsel assisted by Mr. B. Kaushik, learned counsel appears for the respondent No.7.
2. The petitioner is aggrieved with the settlement of the Dhing Bazar (Athgaon Ghat) with the respondent No.7 for a period of 1(one) year, effective from01.04.2025 to 31.03.2026.
3. The petitioner’s counsel submits that the settlement of the Dhing Bazar with the respondent No.7 by the State respondents has been based on a Cabinet decision dated 27.06.2024, made in respect of markets/bazars/hats/ghats etc. under the Zila Parishads, Anchalik Panchayats and Gaon Panchayats, wherein it has been held that a bidder can quote a maximum of 10% above the Government value/reserve price for the markets/bazars/hats/ghats etc. and any bid above 10% of the Government value would not be accepted.
4. The petitioner’s counsel submits that the petitioner along with others had submitted the
The rejection of higher bids in a tender process without proper justification and transparency is arbitrary and unsustainable.
Fairness demanded that the tendering authority should have disclosed to all the tenderers beforehand that the bid value above a particular amount or above a particular percentage of the scheduled rat....
Point of Law : Process of settlement resulting into the order of settlement in favour of the respondent no. 9 is found to be arbitrary and irrational one.
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....
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....
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....
Bid submission does not guarantee acceptance; judicial review is warranted only for arbitrary decisions in tender processes.
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