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ASSAM HIGH COURT
Dutta, J, Deka, C.J.
Dharmeswar Kalita v. A. Ahmed
| Table of Content |
|---|
| 1. auction process details and petitioner bid (Para 1) |
| 2. approval procedures discussed (Para 2 , 22) |
| 3. writ petition essentials under constitution (Para 3 , 4) |
| 4. conditional powers and their bounds (Para 5 , 9 , 14 , 19 , 25) |
| 5. interpretation of sections of the act (Para 6 , 7 , 8 , 10 , 12 , 15) |
| 6. judicial review of executive decision validity (Para 30 , 32 , 35) |
| 7. writ for settling the ferry with petitioner (Para 36 , 52) |
1. This is a petition under Art. 226 of the Constitution. The facts are that the tolls of Kakilamukh - Neamati - Kamalabari Ferry were put to public auction on the 22nd March 1961 with a view to let it out for the year 1961-62. The petitioner Dharmeswar Kalita offered the highest bid of Rs. 61,400/-. The auction sale was conducted by Sri A. Ahmed, Additional Deputy Commissioner, Sibsagar who has been impleaded as opposite party No. 1 to the present petition. The petitioner after Ins bid had been accepted by the Additional Deputy Commissioner (hereinafter called 'the conducting officer') deposited the requisite money as prescribed under the rules.
The conducting officer sent the proposal for acceptance of the petitioner's bid to the Chief Engineer w
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