A writ petition challenging the non-proceeding of a tender process for settlement of a market. The court held the petition infructuous after the tender was cancelled by authorities.
Petition dismissed as infructuous.
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GAHC010166832023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4344/2023
NARUTTAM BISWAS
S/O- BIRENDRA CH. BISWAS, VILL.- BONGSHIBARI GAON, P.O. KATAJHAR, P.S. GOBARDHANA, DIST. BAKSA, PIN- 781315.
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-781006.
2:THE PRINCIPAL SECRETARY B.T.C. KOKRAJHAR PIN- 783370.
3:THE SECRETARY MARKET AND FAIRS DEPTT.
KOKRAJHAR PIN- 783370.
4:THE DEPUTY COMMISSIONER BAKSA DIST. BAKSA PIN- 781333.
5:THE SUPERINTENDENT OF POLICE BAKSA PIN- 781333.
6:THE BLOCK DEVELOPMENT OFFICER
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GOBARDHANA DEVELOPMENT BLOCK BARPETA DIST. BAKSA PIN- 781333
Advocate for the Petitioner : MR. A ROSHID
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 07-08-2023
Heard Mr. A. Roshid, learned counsel for the petitioner; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department for the respondent no. 1; Mr. S.R. Rabha, learned Standing Counsel, BTC for the respondent nos. 2, 3 & 6; and Mr. S.R. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 4 & 5.
On 23.05.2023, the respondent no. 6 published a Tender Notice inviting bids for settlement of Katajhar Goramara Hat [‘the Market’, for short]. The petitioner participated in the said Tender Process by submitting his bid. When the Tender Process was not proceeded with by settling the Market in favour of any of the bidders, the petitioner has approached this Court by this writ petition.
Mr. Rabha, learned Standing Counsel, BTC has submitted that the respondent BTC authorities have decided to cancel the Tender Process initiated for settlement of Katajhar Goramara Hat and the said decision has been conveyed by the Joint Secretary, BTC, Kokrajhar to the respondent no. 6 vide a communication bearing no. BTC/Market-38/2023/67 dated 21.06.2023. Mr.
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Rabha has, thus, submitted that the subject-matter of the writ petition has become infructuous due to the decision taken by the respondent BTC authorities to cancel the Tender Process.
As Mr. Roshid, learned counsel for the petitioner has also submitted in similar lines, this writ petition is closed as infructuous.
JUDGE
Comparing Assistant
Naruttam Biswas
The State of Assam
The Principal Secretary B.T.C. Kokrajhar
The Secretary Market and Fairs Deptt. Kokrajhar
The Deputy Commissioner Baksa
The Superintendent of Police Baksa
Manish Choudhury
As recorded by the court registry
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