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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Girikanta Das, Son of Guluk Chandra Das – Appellant
Versus
The State of Assam, Represented By The Commissioner And Secretary To The Govt. of Assam, Fishery Department – Respondent
| Table of Content |
|---|
| 1. petitioner's grievance about tender process (Para 2 , 3) |
| 2. supreme court standards for tender compliance (Para 4) |
| 3. nits invalid due to legal non-compliance (Para 5 , 6 , 7) |
| 4. liberty to initiate fresh tender process (Para 8) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. H. Ali, the learned counsel appearing on behalf of the petitioner. Mr. P. Sarma, the learned counsel appears on behalf of the respondent Nos. 1 & 4 and Mr. M. Chetia, the learned counsel appears on behalf of the respondent Nos. 2 & 3.
2. The petitioner herein is aggrieved by the action on the part of the respondent authorities in calling for a fresh tender on 22.07.2025 through the respondent No. 2.
3. It is the case of the petitioner that the petitioner participated in the tender process initiated vide the NIT dated 04.06.2025. The petitioner had reasons to believe that the petitioner was the highest bidder and was expecting that the fishery in question would be settled with the petitioner. However, the respondent No. 2 had issued a fresh tender dated 22.07.2025 in respect of the said fishery.
4. When the matter was taken up at the stage of motion, Mr. P. Sarma, the learned counsel appearing on behalf of t
Compliance with Supreme Court guidelines is essential for the validity of tender invitations in the tender process for government fisheries.
The court emphasized the authority's discretion in deciding whether to issue re-tender notices and the importance of protecting government revenue in settlement processes.
The court emphasized the importance of following proper procedure and complying with previous court directions in issuing public notices for settlement of government assets, and highlighted the need ....
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 emphasizes the necessity for transparency and fairness in administrative decision-making regarding public tenders, holding that a lack of proper publication in tender processes undermines c....
A party must participate in a tender process to maintain the right to challenge related settlements; acquiescence can bar claims where a party fails to act timely.
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.
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