This intra-court appeal challenged a Single Judge's order cancelling a settlement and directing a fresh tender. The Court dismissed the appeal, finding no merit in the contentions raised regarding the tender notice.
The intra-court appeal was dismissed.
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GAHC010032612024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/56/2024
DINESWAR NATH
S/O- GANGADHAR NATH, R/O- VILL.- SAHARIGAON, P.O. LENGORIBORI, P.S. BHURAGAON, PIN- 782121, DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE MORIGAON ZILLA PARISHAD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MORIGAON ASSAM PIN- 782105.
3:THE GENERAL STANDING COMMITTEE OF MORIGAON ZILLA PARISHAD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MORIGAON ASSAM
4:THE LAHARIGHAT ANCHALIK PANCHAYAT REPRESENTED BY ITS PRESIDENT LAHARIGHAT MORIGAON ASSAM PIN- 782105.
5:THE PRESIDENT OF LAHARIGHAT ANCHALIK PANCHAYAT LAHARIGHAT MORIGAON ASSAM
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PIN- 782105.
6:THE EXECUTIVE OFFICER AND EX-OFFICIO SECRETARY OF LAHARIGHAT ANCHALIK PANCHAYAT LAHARIGHAT MORIGAON ASSAM PIN- 782105. 7:RAJEN BASUMATARY S/O- LATE AMIN BASUMATARY R/O- VILL.- ROUMARI P.O. TAPTOLA P.S. BHURAGAON DIST. MORIGAON ASSAM PIN- 782121.
8:NARAYAN BISWAS S/O- LATE RAMDAS BISWAS R/O- VILL.- JETPARI P.O. DONGAR PAR P.S. BHURAGAON DIST. MORIGAON ASSAM PIN- 782121 9:ISMAIL HUSSAIN S/O- LATE ABBAS ALI R/O- VILL.- RUPAHIBEEL P.O. BORALIMARI P.S. BHURAGAON DIST. MORIGAON ASSAM PIN- 78212
Advocate for the Petitioner : F K R AHMED
Advocate for the Respondent : SC, P AND R.D.
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
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19.02.2024
(Vijay Bishnoi, CJ)
By this intra-Court appeal, challenge is made to the order dated
29.01.2024 passed by the learned Single Judge in WP(C) No.5935/2023 whereby the learned Single Judge has allowed the writ petition filed on behalf of the respondent Nos.7, 8 and 9 and has cancelled the settlement arrived at
between the appellant and the respondent No.2 and has issued a direction to the respondents to initiate a fresh tender process for settlement of the market concerned within a period of one month from the date of passing of the order.
The learned counsel for the appellant has submitted that as a matter of fact, the tender process initiated vide notice dated 23.06.2023 has already been cancelled by the General Standing Committee (respondent No.3) and therefore, there is no illegality in the action of the respondent No.2 of accepting the bid offered by the petitioner in response to the tender notice dated 02.05.2023.
It is noticed that no such argument was advanced before the learned Single Judge by either of the respondents therein including the appellant. The learned Single Judge has recorded a categorical finding that the settlement was arrived at on the basis of a cancelled tender notice and the tender notice dated 23.06.2023 has never been cancelled.
In view of the above, we do not find any merit in this appeal and the same is therefore, dismissed.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether the intra-court appeal challenging the cancellation of a settlement by the lower court has merit.
Dineswar Nath
The State of Assam
The Morigaon Zilla Parishad
Rajen Basumatary
Narayana Biswas
Ismail Hussain
Suman Shyam
Vijay Bishnoi
As recorded by the court registry
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