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GAHC010086502026

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2438/2026

SHAHIN EKBAL

S/O ENTAZ ALI AHMED, VILLAGE AND P.O. MANDIA, P.S. BAGHBAR,

DISTRICT- BARPETA, ASSAM- 781308

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER TO THE GOVERNMENT OF

ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,

GUWAHATI- 06

2:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

JURIPAR

PANJABARI

GUWAHATI- 781037

3:THE CHIEF EXECUTIVE OFFICER

BARPETA ZILLA PARISHAD

BARPETA

ASSAM - 781031

4:THE DISTRICT COMMSSIONER

BARPETA

ASSAM- 781301

5:THE SECRETARY

MANDIA ANCHALIK PANCHAYAT

MANDIA

BARPETA

ASSA

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Advocate for the petitioner(s): Mr. S Hoque

Advocate for the respondent(s): Mr. S Dutta, Standing Counsel

P & RD Department

B E F O R E

HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

13.05.2026

Heard Mr. S Hoque, the learned counsel appearing on behalf of the

petitioner.

2. Issue notice making it returnable on 10.06.2026.

3. Mr. S Dutta, the learned counsel accepts notice on behalf of the respondent

Nos.1, 2, 3 and 5 and Mr. M Chetia, the learned Government Advocate Assam

accepts notice on behalf of respondent No. 4. Extra copies of the writ petition

be served upon the respective counsels for the respondents during the course of

the day.

4. A Notice Inviting Tender was issued by the Chief Executive Officer, Barpeta

Zilla Parishad i.e. the respondent No.3 dated 23.05.2025 for settlement of

various markets. The market in the present proceedings is the Shewrar Bhitha

Janapriya Anchalik Gorur Bazar.

5. The Government estimated value of the said market was put at

Rs.8,38,317/-. At this stage, it is pertinent to mention that the period for which

the settlement was to be made was from 01.07.2025 to 30.06.2026. In

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pursuance to the said NIT three bidders participated and all the three bidders

quoted an amount of Rs.9,22,148.70/- each. Although the three eligible bidders

have quoted the same bid amount, but no steps was taken in terms with Clause

13(a) of the Notice Inviting Tender dated 23.05.2025.

6. Under such circumstances, the petitioner submitted a representation on

16.10.2025 to the Additional Chief Secretary, Govt. of Assam, P & RD

Department requesting him to take some action for settlement.

7. The record further reveals that the Secretary to the Government of Assam, P

& RD Department had issued a communication on 10.03.2026 directing the

Chief Executive Officer, Barpeta Zilla Parishad to take immediate steps for

settlement of the market with the bidder who qualifies all norms of the Model

NIT. Inspite of that no action was taken and it is under such circumstances, the

petitioner has approached this Court by filing the present writ petition.

8. Today, when the matter is being taken up Mr. S Dutta, the learned Standing

Counsel of the P & RD Department submitted that on 04.08.2025 a

communication was issued by the Chief Executive Officer of the Barpeta Zilla

Parishad to the Commissioner of P & RD Department, wherein it was mentioned

that in respect to the market Shewrar Bhitha Janapriya Anchalik Gorur Bazar,

the Government estimate value is required to be reduced, inasmuch as, for the

year 2022-23, 2023-24, 2024-25, the amount deposited by the lessee was

Rs.9,01,130/-, Rs.1,12,900/- and Rs.9600/- respectively. It was also mentioned

by Mr. S Dutta, the learned Standing Counsel P & RD Department that on

account of the Model Code of Conduct, which was operational till 04.05.2026 no

action could be taken in pursuance to the communication dated 10.03.2026.

9. Be that as it may, a question duly arises, more particularly, from a very

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perusal of the communication dated 04.08.2025 issued by the Chief Executive

Officer of the Barpeta Zilla Parishad as to why the settlement was not carried

out at the rate of Rs.9,22,148.70/- in favour of any of the three bidders which

was higher than the Government estimated value in respect to the market, in

question. In additi