Petitioner challenged running of Gerimari-Kachasila via Serang Ferry service without tender. Court observed tender would be floated within a month and closed the writ petition with that observation.
Writ petition closed with observation that tender must be floated within a month as submitted by counsel.
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GAHC010089592022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3159/2022
MD JAMAT ALI
S/O LATE BUDU SHEIKH, R/O VILL-NO. 2 MAGURMARI, P.O.-DHULA, DISTDARRANG, ASSAM-784146
VERSUS
THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY SECRETARY TO THE GOVT OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GHY-6
2:THE DIRECTOR INLAND WATER DEPARTMENT ASSAM ULUBARI GHY-7
3:THE EXECUTIVE ENGINNER INLAND WATER TRANSPORT DIVISION ULUBARI GHY-7
4:THE SECTIONAL OFFICER
GERAMARI-KACHASILA VIA SERANG FERRY SERVICE C/O EXECUTIVE ENGINEER IWT DIVISION ULUBARI-7
5:EX LESSEE/ LESSEE OF GERIMARI-KACHASILA VIA SERANG FERRY SERVICE FOR THE PERIOD OF 2020-2022 NAMELY- MD. IMRAN HUSSAIN
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S/O LATE RANJAN ALI VILL-JAPERI P.O.-TAPTOLA DIST-MORIGAON ASSAM-78212
Advocate for the Petitioner : MR. B RAHMAN
Advocate for the Respondent : SC, TRANSPORT
BEFORE
THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order
13.05.2022
Heard Mr. B Rahman, learned counsel for the petitoner.
The grievance of the petitioner is that Gerimari Kachisila via Serang Ferry Service is being run through the respondent No. 5 without floating any tender. The petitioner contends that he is having experience of running such ferry service inasmuch as he is an intending tenderer and he is having a right to participate in the tender process for the said ferry service. However, ignoring such right of the petitioner and against public interest, the respondent department is running the ferry ghat through the respondent No. 5.
Ms. MD Bora, learned standing counsel for the Transport department submits that she has instruction that tender is going to be floated within a month and process for initiation of tender is already going on.
In view of such submission of the learned standing counsel, this writ petition is closed with an observation that the submission made by the learned standing counsel for the Transport department be adhered to.
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In the aforesaid term, this writ petition is closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the waiver of tender process for ferry service by respondent department violates public interest and petitioner's right to tender.
1 provisions across 1 enactments
Md Jamat Ali
The State of Assam
The Secretary to the Government of Assam, Transport Department
The Director Inland Water Department Assam
The Executive Engineer Inland Water Transport Division
The Sectional Officer Gerimari
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
