Disposed

Jadab Bharali v. the State of Assam and Anr.

Gauhati HC2 Mar 2022WP(C)/1401/2022

Case brief

AI extract

What is this about?

Petitioner challenged a tender notice issued by the Dhekiajuli Municipal Board for a daily market lease, arguing an extension request pending before the board. The High Court directed the authorities to consider the pending representation before proceeding with the tender.

What did the court decide?

Directed respondents to consider petitioner's pending application for lease extension and dispose of it with a reasoned order before proceeding with the tender.

Jadab Bharali Vs the State of Assam and Anr. — Contract and Commercial Disputes | Gauhati HC (2022)

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GAHC010035932022

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

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Case No. : WP(C)/1401/2022

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JADAB BHARALI

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SON OF TANKESHWAR BHARALI P.O. DHEKIAJULI, WARD NO. 02, IN THE DIST. OF SONITPUR, ASSAM781330.

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VERSUS

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THE STATE OF ASSAM AND ANR

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REP. BY THE COMMISSIONER AND SECRETARY, URBAN DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:DHEKIAJULI MUNICIPAL BOARD

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REP. BY ITS EXECUTIVE OFFICER SWAHID NAGARI DHEKIAJULI SONITPUR ASSAM-78411

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Advocate for the Petitioner : MR. K SARMA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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02/03/2022

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Heard Mr. K Sarma, learned counsel for the petitioner and Mr. B Deuri, learned Government Advocate, Assam for the respondent Nos. 1 & 2.

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Pursuant to the NIT No. DMBT-9/19/7865-76 dated 24.02.2020 issued by the respondents in the Dhekiajuli Municipal Board, the petitioner has submitted his bid for the Dhekiajuli Daily Market held from Monday to Saturday for the period from 2020-2021 along with the other bidders. Finding his bid highest and responsive, the respondent Dhekiajuli Municipal Board by order No. DMBT-9/19/8078 dated 24.03.2020 settled the said Daily market of Dhekiajuli Municipal Board with the petitioner at Rs. 12,83,500/- for a period of one year from 01.04.2020 to 31.03.2021.

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Due to Pandemic COVID-19, as the said Daily market did not run in its full capacity, therefore, petitioner could not operate it in its full strength. As such, he prayed for extension of lease of the said Daily market of Dhekiajuli Municipal Board for another period of one year from 01.04.2021 to 31.03.2022. Considering his prayer, the respondent Dhekiajuli Municipal Board by order under No. DMBT-9/21/414 dated 17.04.2021 settled the said Daily market of Dhekiajuli Municipal Board with the petitioner for another term from 01.04.2021 to 31.03.2022 @5% above the previous amount of settlement of Rs. 12,83,500/-, i.e., at Rs. 13,47,675/-. The lease of the said daily market with the petitioner will come to end on 31.03.2022.

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During the pendency of the lease of the said daily market, the petitioner on 18.01.2022 submitted another application for extension of the lease of the said market with the petitioner for a period from 2022-2023 at 5% above the rate in which same was settled with him for the period from 2021-2022.

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It is stated that the said application of the petitioner for extension of the lease of the said Daily market of the Dhekiajuli Municipal Board is still pending for consideration before the respondents in the Dhekiajuli Municipal Board.

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In the meanwhile, the respondent Dhekiajuli Municipal Board vide order No. DMBT9/22/3203-13 dated 29.01.2022 issued an NIT for settlement of said Dhekiajuli Daily Market held from Monday to Saturday for a period of one year from 1^st April, 2022 to 31^st March, 2023, wherein 16.03.2022 up to 02:00 PM is the last date and time for receipt of the bids (Annexure-6 to this writ petition).

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Petitioner submitted that as his application for extension of settlement of the said Daily market is still pending for consideration before the respondents Dhekiajuli Municipal Board, the petitioner has prayed for quashing and setting aside the said NIT dated 29.01.2022 issued by the Dhekiajuli Municipal Board and further, prayed for issuance of a Writ in the nature of Mandamus directing the Executive Officer, Dhekiajuli Municipal Board to extend the period of lease of said Dhekiajuli Daily Market with the petitioner for another period from 01.4.2022 to 31.03.2023.

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In this regard, Mr. Sarma, learned counsel for the petitioner has placed reliance on the judgment of this Court passed in Sharad Kumar Neog Vs. State of Assam reported in 1992 (1) GLR 152, wherein the Court decided the power of Municipal Board in granting lease of its Market/Hat etc. specifying that such Municipal Board with the previous approval of the Director of Municipal Administration, may decide the period of lease as well as the length with such approval of the Director of Municipal Administration concerned.

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After hearing the learned counsels for the parties, this writ petition is disposed of directing the Commissioner & Secretary, Urban Development Department and the Executive Officer, Dhekiajuli Municipal Board respondent Nos. 1 & 2 respectively to consider the representation of the petitioner dated 18.01.2022 pertaining to his prayer for extension of lease of the said Dhekiajuli Daily Market with the petitioner at a rate to be decided and fixed by the said authority for the period from 2021-2022, as per his entitlement and in accordance with law.

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Petitioner shall furnish a certified copy of this order along with a copy of this writ petition including the Annexures appended thereto as well as the copy of the judgment of this Court passed in the case of Sharad Kumar Neog (supra) and a fresh representation before the Executive Officer, Dhekiajuli Municipal Board on or before 15.03.2022, obtaining necessary

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acknowledgment from the said authority in that regard.

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In the event of furnishing the above by the petitioner within the time so specified, the respondent authorities shall consider and dispose of the representation of the petitioner dated 18.01.2022 (Annexure-5 to this petition) and the new one with a reasoned order before proceeding with the opening of the tenders relates to said NIT No. DMBT-9/22/3203-13 dated 29.01.2022 pertaining to the said Daily market of the Dhekiajuli Municipal Board, intimating the petitioner about the outcome of his said representations.

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With the aforesaid observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Jadab Bharali v. the State of Assam and Anr.

Case brief

What is this about?

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Jadab Bharali v. the State of Assam and Anr.

Case brief

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