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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Abdul Salam Prodhani, Son of Moynal Hoque Prodhani – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. settlement of market bids and evaluation process. (Para 1 , 2 , 3) |
| 2. petitioner's contention on bid evaluation. (Para 6 , 7) |
| 3. the significance of police verification in tenders. (Para 9 , 10 , 11) |
| 4. judicial review scope and bidder's rights. (Para 12 , 13) |
| 5. non-interference in contract settlements unless arbitrary. (Para 14 , 15) |
| 6. impact of earnest money submissions on bid evaluations. (Para 16 , 18) |
| 7. writ petition dismissed with no costs. (Para 19) |
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
This writ petition is preferred to assail an Order of Settlement dated 30.08.2025 whereby a market, ‘Hadurhat Dharmasala Dainik Bazar Dharmasala Part-III’ [‘the Market’, for short] has been settled in favour of the respondent no. 8 at his offered bid value of Rs. 2,35,730/-, disqualifying the bid of the petitioner, who also offered the same bid value of Rs. 2,37,730/-.
2. A Tender Notice was published by Dharmasala Gaon Panchayat on 02.06.2025 inviting bids for settlement of the Market for the Panchayat Year : 2025-2026 for the period from 01.07.2025 to 30.06.2026. In the Tender Notice, the Government value of the Market was fixed at Rs. 2,14,300/- and the earnest money deposit
Bid submission does not guarantee acceptance; judicial review is warranted only for arbitrary decisions in tender processes.
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 : 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....
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.
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....
The rejection of higher bids in a tender process without proper justification and transparency is arbitrary and unsustainable.
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