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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Jamindra Kachari, S/o. Late Baider Kachari – Appellant
Versus
Bodoland Territorial Council, Represented By The Principal Secretary – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. M. K. Choudhury, the learned Senior counsel assisted by Mr. P. Bhardwaj, the learned counsel appearing on behalf of the Petitioners in the batch of five writ petitions and Mr. A. K. Bhuyan, the learned Senior Standing counsel appearing on behalf of the BTC.
2. The Petitioners in the present batch of five writ petitions are aggrieved by the decision taken on 14.10.2025 by the Executive Council of Bodoland Territorial Council whereby it was decided that in respect to those contracts where no work order(s) against the Scheme have been issued and where work order have been issued but the work have not started, the Administrative Approval would be cancelled. The fall out of the said decision have further aggrieved the Petitioners inasmuch as the work orders qua the Petitioners have been cancelled and fresh Notice Inviting Tenders/Short Notice Inviting Tenders have been issued. It is under such circumstances, the present five writ petitions have been filed.
3. The question arises in the instant proceedings is whether this Court should exercise its jurisdiction under Article 226 of the Constitution in the present facts and circumstances.
4. The material
Non-commencement of work allows for cancellation of administrative approvals under Article 226, ensuring public fund utilization.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
Point of Law : when a bidder who has not been issued the final acceptance of the bid by the competent authority being the highest bidder acquires no vested right ,but the bidder has right to equality....
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
A public authority's decision to cancel a tender must be reasoned and not arbitrary; failure to provide justifications exposes such decisions to judicial scrutiny.
The issuance of a Letter of Award does not establish a binding contract unless all conditions are met and the Operation and Management Contract is executed.
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