Disposed

The South Salmara Mankachar Zilla Parishad v. Sokina Khatun and 8 Ors.

Gauhati HC11 Aug 2022I.A.(Civil)/2227/2022

Case brief

AI extract

What is this about?

In an interlocutory application seeking clarification of a final order that set aside a tender, the Gauhati High Court held that no specific order was required. However, the court directed that sealed tenders deposited with the police station be returned to bidders with documents.

What did the court decide?

Direction for return of sealed tenders deposited with the police station to respective bidders along with accompanying documents.

The South Salmara Mankachar Zilla Parishad Vs… — Public Procurement and Tenders | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010150322022

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

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Case No. : I.A.(Civil)/2227/2022 In WP(C)/3868/2022

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THE SOUTH SALMARA MANKACHAR ZILLA PARISHAD REP.BY ITS PRESIDENT SOUTH SALMARA MANKACHAR ZILLA PARISHAD, HATSINGIMARI, P.O. HATSINGIMARI, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135

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VERSUS

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SOKINA KHATUN AND 8 ORS.

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W/O MOZAMMEL HOQUE, R/O VILL. HATSINGIMARI, P.O. HATSINGIMARI, P.S. SOUTH SALMARA, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135

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2:ASMA ABEDIN W/O JOYNAL ABEDIN P.O. AND VILL. KAKRIPARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783135

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3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6.

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4:THE JOINT SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DPETT. ASSAM DISPUR GUWAHATI-6

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5:THE COMMISSIONER

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Page No.# 2/4

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PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM PANJABARI JURIPAR GUWAHATI-37 6:THE DEPUTY COMMISSIONER SOUTH SALMARA MANKACHAR DIST. HATSINGIMARI P.O. HATSINGIMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783135 7:THE CHIEF EXECUTIVE OFFICER SOUTH SALMARA MANKACHAR ZILLA PARISHAD HATSINGIMARI P.O. HATSINGIMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783135 8:THE EXECUTIVE OFFICER FEKAMARI ANCHALIK PANCHAYAT P.O. KEKAMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783135

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9:THE EXECUTIVE OFFICER MANKACHAR ANCHALIK PANCHAYAT P.O. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313

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Advocate for the Petitioner : MS. N S THAKURIA

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Advocate for the Respondent : SC, P AND R.D.

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Page No.# 3/4

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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11.08.2022

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Heard Ms. NS Thakuria, learned counsel for the applicant.

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The applicant, who was arrayed as the respondent no. 5 has filed this interlocutory application seeking clarification of the final order dated 22.07.2022 passed in the connected WP(C)/3868/2022.

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It has been submitted that by the final order dated 22.07.2022, the tender process initiated vide NIT dated 27.05.2022 by the South Salmara Zilla Parishad was set aside and an observation was made that since the revenue of the State was concerned, the process of settlement be initiated though the concerned Anchalik Panchayat and be completed expeditiously.

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By drawing the attention of this Court to the earlier interim order passed on 15.06.2022, Ms. Thakuria, learned counsel has submitted that an observation was made that sealed tenders may be received by the Zilla Parishad till the last date of submission of tenders which, however, shall not be opened. The learned counsel has submitted that a direction be given for returning back the sealed tenders to the respective bidders as the same have been kept in the custody of the Police Station.

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I have also heard Shri NK Dev Nath, learned Standing Counsel, Panchayat & Rural Development Department.

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After hearing the parties, this Court is of the opinion that no clarificatory order is necessary as the entire process of tender initiated by the NIT dated 27.05.2022 has been interfered with. However, to remove any confusion, it is observed that as a consequence of cancellation of the said NIT 27.05.2022, the sealed tenders which

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Page No.# 4/4

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have been stated to be deposited and lying in the concerned police station be returned to the respective bidders along with the accompanying documents.

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The interlocutory application is accordingly disposed of.

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JUDGE

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Comparing Assistant

The South Salmara Mankachar Zilla Parishad v. Sokina Khatun and 8 Ors.

Case brief

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The South Salmara Mankachar Zilla Parishad v. Sokina Khatun and 8 Ors.

Case brief

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What the court decided

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