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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANDEEP MEHTA, ARUN DEV CHOUDHURY
Sibaram Deka, S/o. Lt. Sishuram Deka – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary To The Govt. Of Assam, Panchayat And Rural Development Deptt. – Respondent
JUDGMENT :
A.D. Choudhury, J.
1. Heard Mr. F. K. R. Ahmed, learned counsel for the appellant. Also heard Mr. K. Konwar, learned Additional Advocate General appearing for P&RD, Department, Govt. of Assam.
2. The present intra court appeal is directed against the common judgment and order dated 23.11.2022 passed by the learned Single Judge in WP(C) 3320/2022 and connected appeals whereby the writ petition preferred by the present appellant was dismissed.
3. The aforesaid writ petition was preferred by the appellant assailing Clause-10 of an NIT dated 08.04.2022 floated by Darrang Zilla Parishad for settlement of Hat/Ghat/Min Mahals for the financial year 2022-2023.
4. The aforesaid offending Clause-10 empowers the settling authority to settle a ghat etc. with highest bidder even if the highest bidder had not submitted necessary documents, except Court Fee and earnest money, subject to the highest bidder furnishing such necessary documents within three days time from selection.
5. The offending clause was challenged primarily on the ground that it violates the principle of equality as enshrined under Article 14 of the Constitution of India. It was a further ground that, a learned Single Jud
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.
The main legal point established in the judgment is that in matters of tender, the State has the freedom to formulate conditions and the court should exercise judicial restraint, ensuring fairness an....
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....
The main legal point established in the judgment is the importance of fairness, non-arbitrariness, and reasonableness in state actions related to tender distribution, emphasizing the state's objectiv....
The highest valid bidder should be considered for settlement, and acceptance of a tender other than the highest valid tenderer requires prior and formal approval of the government. The competitive bi....
The authority of the State respondents to insert additional grounds for forfeiture of earnest money in the NIT to ensure genuine bids in government contracts.
The central legal point established in the judgment is the importance of adhering to government notifications and principles of natural justice in tender processes, while also highlighting the discre....
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