GAHC010183672025 2025:GAU-AS:14201

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4752/2025

PARESH BRAHMA

SON OF - KAMALA BRAHMA, RESIDENT OF VILLAGE - AMBARI, P.O.-

MUSHALPUR, P.S. - MUSHALPUR, IN THE DISTRICT OF BAKSA, ASSAM

VERSUS

STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY, PANCHAYAT AND RURAL

DEVELOPMENT, DISPUR, GUWAHATI - 781006.

2:PRINCIPAL SECRETARY

BODOLAND

TERRITORIAL COUNCIL

KOKRAJHAR

ASSAM - 783370.

3:MARKET SETTLEMENT COMMITTEE

BTC

REPRESENTED BY ITS CHAIRMAN

KOKRAJHAR

ASSAM - 783370.

4:DISTRICT COMMISSIONER

BAKSA

BAKSA DISTRICT

BTC

ASSAM -781372.

5:BLOCK DEVELOPMENT OFFICER

BAKSA DEVELOPMENT BLOCK

MUSHALPUR

BAKSA

ASSAM - 781327.

6:HEMANTA TALUKDAR SON OF - LATE NABIN TALUKDAR RESIDENT OF VILLAGE - AHOPA PO - AHOPA PS - MUSHLAPUR IN THE DISTRICT OF BAKSA ASSA Advocate for the Petitioner : MR. K SARMA, MR. S BORUAH Advocate for the Respondent : GA, ASSAM, MR. S NATH (R-6),SC, BTC,SC, P AND R.D.

Linked Case : WP(C)/4753/2025 PARESH BRAHMA SON OF - KAMALA BRAHMA RESIDENT OF VILLAGE - AMBARI P.O.- MUSHALPUR P.S. - MUSHALPUR IN THE DISTRICT OF BAKSA ASSAM VERSUS STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY PANCHAYAT AND RURAL DEVELOPMENT DISPUR GUWAHATI - 781006.

2:PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM - 783370.

3:MARKET SETTLEMENT COMMITTEE BTC REPRESENTED BY ITS CHAIRMAN KOKRAJHAR ASSAM - 783370.

4:DISTRICT COMMISSIONER BAKSA BAKSA DISTRICT BTC ASSAM -781372.

5:BLOCK DEVELOPMENT OFFICER TIHU-BARMA DEVELOPMENT BLOCK BARMA BAKSA ASSAM - 781327. 6:DHRUBA BORO SON OF - HONGLA BORO RESIDENT OF VILLAGE - DONGPAR P.O. - BARIMAKHA P.S. - BARBARI IN THE DISTRICT OF BAKSA ASSAM. ------------

Advocate for : MR. K SARMA Advocate for : GA ASSAM appearing for STATE OF ASSAM AND 5 ORS Linked Case : WP(C)/4804/2025 PARESH BRAHMA SON OF - KAMALA BRAHMA RESIDENT OF VILLAGE - AMBARI P.O.- MUSHALPUR P.S. - MUSHALPUR IN THE DISTRICT OF BAKSA ASSAM VERSUS STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY PANCHAYAT AND RURAL DEVELOPMENT DISPUR GUWAHATI - 781006.

2:PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM - 783370.

3:MARKET SETTLEMENT COMMITTEE BTC REPRESENTED BY ITS CHAIRMAN KOKRAJHAR ASSAM - 783370.

4:DISTRICT COMMISSIONER BAKSA BAKSA DISTRICT BTC ASSAM -781372.

5:BLOCK DEVELOPMENT OFFICER BAKSA DEVELOPMENT BLOCK MUSHALPUR BAKSA ASSAM - 781327.

6:BABURAM SWARGIARY SON OF - GARENDRA SWARGIARY RESIDENT OF VILLAGE - NO. 2 CHALBARI PO - DHANBILL PS - BARBARI IN THE DISTRICT OF BAKSA ASSAM ------------

Advocate for the petitioner(s): Mr. K Sarma Advocate for the respondent(s): Mr. AK Bhuyan, Standing Counsel, BTC Mr. S Nath Mr. UJ Saikia Ms. S Boro B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

24.10.2025 Heard Mr. K Sarma, the learned counsel appearing on behalf of the petitioner. Mr. AK Bhuyan, the learned Standing Counsel appears on behalf of the BTC and Mr. S Nath, the learned counsel appears on behalf of the private respondent in WP(C)No.4752/2025. Mr. UJ Saikia, the learned counsel appears on behalf of the private respondent in WP(C)No.4753/2025 and Ms. S Boro, the learned counsel appears on behalf of the private respondent in WP(C)4804/2025.

2. The three writ petition raises identical issues and as such all the three writ petitions are taken up together for disposal by this common order.

3. The issue which is involved in the present batch of writ petitions is as to whether the bank draft submitted by the bidder favouring the Principal Secretary, BTC purchased by another person for and on behalf of the bidder can be a valid tender of the offered bids.

4. The facts as would arise in the three writ petitions are:

All the three writ petitions relates to a Tender Notice dated 07.05.2025 for settlement of markets/Go-hats/Parking/Parghats/Ferries/Cattlepounds etc. for the year 2025-26 issued by the Block Development Officer, Baksa Development Block Mushalpur. In WP(C)No.4752/2025, the market in question is the Doomni Daily Ma