The petitioner challenged a settlement of the Nayeralga-Gauranga Ferry Service with a respondent by contending the rejection of his tender was arbitrary because he lacked certain certificates at the time of submission. The court found no merit in the challenge as the missing documents justified the rejection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010046182017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6509/2017
1:ASATULLA SK.
S/O. LT. NASER ALI SK, VILL. GUTIPARA PT. I, P.O. NAYERALGA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348.
VERSUS
1:THE STATE OF ASSAM REP. BY THE COMM. and SECY. TO THE GOVT, OF ASSAM, IWT DEPTT., DISPUR, GHY.-06.
2:THE SECRETARY TO THE GOVT. OF ASSAM TRANSPORT DEPTT. DISPUR GHY.-06.
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM TRANSPORT DEPTT. DISPUR GHY.-06.
4:THE DIRECTOR, INLAND WATER TRANSPORT DEPTT. ASSAM ULUBARI GHY.-07.
5:THE EXECUTIVE ENGINEER
INLAND WATER TRANSPORT DIVISION ASSAM ULUBARI GHY.-07.
6:THE DY. COMMISSIONER DHUBRI ASSAM PIN-783301.
7:THE SUB-DIVISIONAL OFFICER CIVIL BILASIPARA DHUBRI ASSAM PIN-783348.
8:MD. MOFIZUDDIN
S/O. AYNAL JODDAR VILL. NAYERALGA PT. III P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-783348
Advocate for the Petitioner : MR.H R AHMED
Advocate for the Respondent :
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 03-04-2018
Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned State counsel, appearing for the respondent Nos.1 to 7 and Mr. J. Ahmed, learned counsel, appearing for the respondent No.8.
Challenge in this writ petition is to an order of settlement dated 07.10.2017 (Annexure-8 of the writ petition) passed by the Joint Secretary to the Government of Assam, Transport Department, settling Nayeralga-Gauranga Ferry Service with the respondent No.8 under Rules 16 & 19 of the Control & Management of Ferry Rules, 1968 for the settlement period 2017-19.
Notice Inviting Tender (NIT) was issued on 28.03.2017 (Annexure-1 of the writ petition) by the Executive Engineer, Inland Water Transport Division, Ulubari, Guwahati inviting tenders for 18(eighteen) Ferry Services including Nayeralga-Gauranga Ferry Service and the last date for submission of the tender was fixed on 26.04.2017. The petitioner submitted tender for 2,33,000/- and the respondent No.8 submitted his tender for 1,50,000/-. The tenders were to be opened on the date of submission, i.e. 26.04.2017.
Amongst other requirements in the NIT, in terms of Clause-7(a), the tenderers were required to submit up to date Non-Encumbrance Certificate regarding land under Periodic Patta from the Deputy Commissioner/Additional Deputy Commissioner/SubDivisional Officer (Sadar)/Sub-Divisional Officer (Civil) of Sub-Division concerned. Clause-10(a) required submission of up to date VAT Registration Certificate.
As evident from the affidavit-in-reply filed by the petitioner on 07.02.2018, the petitioner had not submitted VAT Registration Certificate and Non-Encumbrance Certificate along with his tender and the same were submitted on 27.04.2017, i.e. after expiry of the last date for submission of tender. It also appears that the petitioner did not have any Certificate of Registration under the Assam Value Added Tax Rules, 2005 till 26.04.2017.
In view of non-submission of VAT Registration Certificate and the NonEncumbrance Certificate along with the tender, rejection of the tender of the petitioner
Page No.# 3/3
cannot be held to be arbitrary.
Accordingly, I find no merit in this writ petition and the same is dismissed. No
cost.
J U D G E
M. Sharma
Comparing Assistant
1 issue framed by the court
Whether the rejection of the petitioner's tender due to late submission of VAT Registration Certificate and Non-Encumbrance Certificate was arbitrary?
1 provisions across 1 enactments
Asatulla Sk.
State of Assam
Md. Mofizu dd in
Arup Kumar Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
