Dismissed

Sanjay Kr. Halder v. the State of Assam and 4 Ors.

Gauhati HC17 Jul 2024WP(C)/2328/2024

Case brief

AI extract

What is this about?

A third-highest tenderer challenged a fishery re-tender notice, contending he should have been awarded the contract after the top two bidders withdrew. The court found the petition was filed late and the settlement had already been made before the interim order, dismissed it for delay and laches, but left him free to challenge the settlement.

What the court decided

AI extract

Sanjay Kr. Halder Vs the State of Assam and 4… — Public Procurement and Tenders | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010087982024

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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)/2328/2024

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SANJAY KR. HALDER S/O BAREN CH. HALDAR, RESIDENT OF DARCHAWKA, PS GAURIPUR, DIST DHUBRI, ASSAM 783331

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, FISHERY DEPARTMENT, DISPUR GUWAHATI 06

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2:THE DEPUTY COMMISSIONER DHUBRI CUM DISTRICT COMMISSIONER DHUBRI (REVENUE FISHERY SECTION) PO PS AND DIST DHUBRI ASSAM 783301

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3:THE CHIEF EXECUTIVE OFFICER

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ZILA PARISHAD DHUBRI PO PS AND DIST DHUBRI ASSAM 783301

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4:THE EXECUTIVE OFFICER

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DHUBRI MUNICIPAL BOARD DHUBRI PO PS AND DIST DHUBRI ASSAM 783301

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5:SUB DIVISIONAL OFFICER (C)

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Page No.# 2/3

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BILASIPARA PO AND PS BILASIPARA DIST DHUBRI ASSAM 78330

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Advocate for the petitioner(s) : Mr. A.Z. Ahmed (Advocate) Advocate for the respondent(s): Ms. N. Borah, (SC, P &RD R3)

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Mr. P. Sharma, (SC, Fishery Department)

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Mr. G. Bokalial (Govt. Advocate)

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 18.07.2024

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Heard Mr. A.Z. Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. G. Bokalial, the learned Government Advocate, appearing on behalf of the respondent state.

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Mr. P. Sharma, the learned Standing Counsel, Fishery Department, Government of Assam, appearing on behalf of the respondents.

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The petitioner herein was the third highest tenderer in respect to a tender issued on 27.09.2023. The petitioner has approached this Court on the ground that the first and the second highest bidder having withdrawn the said tender ought to have been awarded to the petitioner but rather the respondent authorities have issued a re-tender notice in respect to the said fishery.

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This Court duly takes note of that the re-tender notice was an E-tender issued in the month of February, 2024, and the closing date was on 10.03.2024. However, the petitioner approached this Court on 30.04.2024. There is no explanation in the writ petition as to why the petitioner approached late. In fact a perusal of paragraph No. 8 & 9 of the writ petition which have been sworn as true to the knowledge of the petitioner, it has been mentioned that the petitioner came to learn about the said re-tender notice.

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Page No.# 3/3

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It is seen that an ex-parte order was passed on 06.05.2024 on the basis of the judgment of the Division Bench of this Court in the case of Deben Das Vs. State of Assam & ors, reported in 2018 (5) GLT 1 . However, it is relevant to mention that prior to the interim order being passed on 06.05.2024, the said re-tender notice had already been acted upon and settlement was made in favour of one Shri Bijoy Biswas for a period of 5 (five) years within annual revenue of Rs. 1,52,500/- on 23.04.2024 itself. Under such circumstances, in the opinion of this Court, the instant writ petition suffers from delay and laches and accordingly, the petitioner would not be entitled to the writ as sought for. Accordingly the instant writ petition stands dismissed.

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Before parting with the records this Court however observes that the petitioner would be at liberty to challenge the said settlement made in favour of Shri Bijoy Biswas, if so advised.

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JUDGE

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Comparing Assistant

Sanjay Kr. Halder v. the State of Assam and 4 Ors.

Case brief

What is this about?

What the court decided

Sanjay Kr. Halder v. the State of Assam and 4 Ors.

Case brief

What is this about?

What the court decided

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