GAHC010186572025 2026:GAU-AS:2525 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5076/2025 NALINI SAIKIA S/O LATE NABIN CH. SAIKIA, R/O VILL- MAJGAON KHARA ATI, P.O. AND P.S.- TEZPUR, DIST- SONITPUR, ASSAM, PIN-784001 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR, GUWAHATI-06 2:THE DISTRICT COMMISSIONER SONITPUR ASSAM

3:THE CHIEF EXECUTIVE OFFICER TEZPUR MUNICIPAL BOARD TEZPUR SONITPUR

4:THE CHAIRMAN TEZPUR MUNICIPAL BOARD TEZPUR DIST- SONITPUR ASSAM

5:THE DISTRICT ELECTION OFFICER TEZPUR SONITPUR

6:PRITAM BORA S/O DHARANIDHAR BORA R/O VILL- GHORPORA CHUBURI HOUSE NO. 46 P.O.- TEZPUR DIST- SONITPUR ASSAM PIN-784001

7:BHANU PRATAP BORA S/O DHARANIDHAR BORA R/O VILL- GHORPORA CHUBURI HOUSE NO. 46 P.O.- TEZPUR DIST- SONITPUR ASSAM PIN-784001

8:MUKUL NATH S/O BHOGESWAR NATH R/O VILL- RUBBER BAGAN WARD NO. 16 P.O.- TEZPUR DIST- SONITPUR ASSAM PIN-784001

9:LAKHYAJYOTI NATH S/O KESHAB NATH R/O VILL- USHANAGAR WARD NO. 17 BYE LANE-6 P.O.- TEZPUR DIST- SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MR. N BORAH, S K LAHAN Advocate for the Respondent : GA, ASSAM, MR. S BISWAS (R-3),MS D DEVI,MR. S BISWAS,MS D DEVI (R-3),MR D MAHANTA (R-6),MR. N D SARMA (R-6),SC, ELECTION COMMISSION.

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

17.02.2026 Date :

Heard Mr. N Borah, learned counsel for the petitioner. Also heard Mr. M Chetia, learned counsel appearing for respondents No. 1 & 2, Mr. S Biswas, learned Standing counsel, Tezpur Municipal Board, Tezpur appearing for the respondents No. 3 & 4 and Mr. D Mahanta, learned counsel appearing for respondent no. 6. None has entered appearance on behalf of respondents No. 7, 8 & 9.

2. The petitioner, by way of instituting the present Writ Petition, has presented a challenge to an order dated 29.03.2025, settling the Bhairab Market under Tezpur Municipal Board, Tezpur, in favor of the respondent No. 6. The petitioner has also assailed a communication dated 07.07.2025 issued by the Chairman, Tezpur Municipal Board, Tezpur, rejecting the claim made by the petitioner in his representation dated 31.03.2025, preferred against the allotment of the market in question in favor of the respondent no. 6.

3. Mr. N Borah, learned counsel for the petitioner, by reiterating the facts noticed, hereinabove, has submitted that the settlement made, in respect of respondent No. 6, was so made by adopting a criteria, foreign to the stipulations made in the NIT. He submits that the decision of the Municipal Board so arrived in its meeting held on 29.03.2025, to settle the market with unemployed youths, is clearly not applicable in case of the respondent No. 6, in as much as he was not an unemployed youth at the relevant point of time and was involved in business activities. Mr. N Borah, learned counsel for the petitioner has further submitted that he has a long experience in the running of markets and accordingly, the Tezpur Municipal Board ought to have effected the settlement in question by evaluating the experience of the bidders in running of such markets.

4. Mr. N Borah, learned counsel for the petitioner, by referring to the NIT, has submitted that one of the conditions stipulated is that in the event a bidder who was settled with the contract by the Municipal Board earlier and was a defaulter therein, would not be eligible to submit its bids, in pursuance to the NIT in question. He submits that the tender conditions also stipulate that relatives of such defaulting contractors would also be not eligible to submit their bids in pursuance to the NIT in question. Mr. N Borah, learned counsel for the petitioner submits that the brother of the petitioner was a sitting lessee of the market in question for the year prior to 2025/2026 and he was vide communication dated 23.12.2024, declared to be defaulter in paying the kist amount of the market in question