Petitioner challenged the cancellation of a temporary market settlement order. Court held order had lost force and directed respondents to communicate tender decision particulars within three days.
Respondents directed to communicate tender decision particulars to petitioner within three days from date of order.
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GAHC010198162019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6112/2019
1:SUKLESWAR BORDOLOI
S/O- LT DALAKESWAR BORDOLOI, R/O- VILL- JALUGUTI RONGDOLOI P.S. MIKIRBHETA, P.O. JALUGUTI, DIST- MARIGAON, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY-6
2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI G.S.ROAD GHY-6
3:THE DY. COMMISSIONER MARIGAON DIST. P.O. AND P.S. MARIGAON DIST- MARIGAON ASSAM PIN- 782105
4:KAPILI ANCHALIK PANCHAYAT BARAPUJIA MARIGAON DIST- MARIGAON- 782105 REP. BY THE PRESIDENT KAPILI ANCHALIK PANCHAYAT
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5:THE EXECUTIVE OFFICER KAPILI ANCHALIK PANCHAYAT BARAPUJIA MARIGAON DIST- MARIGAON- 78210
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
06.09.2019
Heard Mr. T. J. Mahanta, learned senior counsel appearing for the writ petitioner. I have also heard Mr. M. Nath, learned Standing Counsel, P & RD Department, Assam, who has produced the records.
The petitioner has approached this Court being aggrieved by the order dated 04.07.2019 by means of which the earlier order dated 29.06.2019 settling the Jaluguti Paschim Daily Market with the petitioner on temporary basis for a period of 5 days with effect from 01.07.2019 to 05.07.2019 was cancelled. According to the writ petitioner, he is the highest bidder and therefore, there was no question of settling the market for five days as has been done in this case. Mr. Mahanta submits that the settlement order could not have been cancelled without affording any opportunity of being heard to the petitioner.
Records produced by the learned departmental counsel reveals that there were three tenderers who had submitted their bids in response to the NIT and all the three tenders including the bid submitted by the writ petitioner were
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found to be defective. As such, pending initiation of fresh process of settlement, a temporary arrangement was made by issuing the order dated 29.06.2019 but when protests were raised by the local public, the said order was recalled.
Mr. Mahanta submits that no decision to cancel the tender has been communicated to his client till date and therefore, the petitioner could not assail such decision by filing appropriate proceeding.
Having regard to the peculiar facts and circumstances of the case, more particularly the fact that the order of settlement dated 29.06.2019 has already lost its force, I am not inclined to pass any further order in this case save and except providing that the respondents may communicate to the writ petitioner, the decision taken in the tender process by giving him necessary particulars. Such communication be issued within a period of three days from today. Upon receipt of such communication, it would be open to the petitioner to avail such legal remedy as may be permissible under the law.
Writ petition stands disposed of accordingly.
Records be returned back.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner was denied natural justice regarding the cancellation of the temporary market settlement order.
SUKLESWAR BORDOLOI
THE STATE OF ASSAM
COMM. AND SECY. TO THE GOVT. OF ASSAM
THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
THE DY. COMMISSIONER MARIGAON DIST.
KAPILI ANCHALIK PANCHAYAT
SUMAN SHYAM
As recorded by the court registry
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