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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Dhrubajyoti Nath S/O Jogen Chandra Nath – Appellant
Versus
State Of Assam Rep By The PP – Respondent
| Table of Content |
|---|
| 1. factual history of tender, lottery, and dispute initiation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. interpretation of section 105 and validity of tender procedure. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. lack of statutory jurisdiction for external administrative interference. (Para 16 , 17) |
| 4. validation of administrative process by jurisdictional authority. (Para 18 , 19 , 20) |
| 5. final order granting petition and market operation rights. (Para 21 , 22) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The instant writ petition under Article 226 of the Constitution of India is preferred by the petitioner to assail a decision taken by the respondent no. 3, which has been conveyed to the respondent no. 4 by an Office Letter bearing no. eCF. 657134/26 dated 17.07.2025. By the Office Letter dated 17.07.2025, the respondent no. 3 had directed the respondent no. 4 to submit a detailed report with proper assessment regarding the conduct of the lottery held on 26.06.2025 to decide the matter of settlement of Tumuki Saturday Weekly Market for the Panchayat Year : 2025 – 2026. It was further communicated that the decision of the lottery held on 26.06.2025 should be kept in abeyance till subm
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....
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....
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....
The court emphasized the need for a fair enquiry into the low settlement rates and the possibility of connivance, and the initiation of proper action if mischief was found.
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.
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