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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Ruhit Kanti Roy, S/o Sanjib Kumar Roy – Appellant
Versus
State Of Assam, To Be Represented By The Addl. Chief Secretary To The Government Of Assam, Panchayat And Rural Development Department – Respondent
| Table of Content |
|---|
| 1. petitioner aggrieved by tender settlement (Para 2 , 3 , 4 , 5) |
| 2. affidavit-in-opposition summary (Para 6) |
| 3. petitioner's bid violation argument (Para 7 , 8) |
| 4. respondent's defense on bid acceptance (Para 9) |
| 5. determination on bid compliance (Para 10 , 11 , 12) |
| 6. non-compliance justification for bid acceptance (Para 13 , 14) |
| 7. judgment disposal and directions (Para 15) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A. M. Ahmed, the learned counsel appearing on behalf of the Petitioner and Ms. N. Borah, the learned Standing counsel appearing on behalf of the P&RD Department. None has appeared on behalf of the Respondent No.5 in spite of service of notice.
2. The Petitioner herein has approached this Court being aggrieved by the grant of settlement of the Nilambazar Market in favour of the Respondent No.5 for the year 2025-26 vide the communication dated 12.09.2025.
BRIEF FACTS OF THE CASE:
3. The facts of the instant case as it appears from the materials on record are that a Notice Inviting Tender was issued on 10.05.2025 by the President, Sribhumi Zilla Parishad for settlement of the Nilambazar Market. The Government value of the said Nilambazar Market has been put at Rs.13,2
A bid submitted above the permissible limit set by tender requirements is invalid if it fails to comply with mandatory documentation requirements.
The court ruled that no lowest rate for bids is mandated by applicable rules, allowing a tender to be settled below the three-year average.
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....
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....
Failure to challenge a clause in the tender notice during the selection process precludes a party from challenging it later.
A party cannot challenge the validity of a clause in the middle of the selection proceedings if they did not challenge it earlier.
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....
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