Petitioner challenged settlement of Tangi Weekly Open Market alleging no valid tender selection under the Assam Panchayat Act. Respondents stated the highest bidder was awarded the settlement by Zilla Parishad order dated 01.02.2024. The writ petition was closed as infructuous.
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GAHC010011612024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/455/2024
NASIR ALI
S/O LATE SADEK ALI, R/O VILL-HIRAPARA, P.O.-DHULA, P.S.-DHULA, DIST-DARRANG (ASSAM), PIN-784146
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6
2:THE DARRANG ZILLA PARISHAD REPRESENTED BY THE CHIEF EXECUTIVE OFFICER P.O. AND P.S.-MANGALDOI DIST- DARRANG (ASSAM)
3:THE GENERAL STANDING COMMITTEE REPRESENTED BY THE CHAIRMAN OF DARRANG ZILLA PARISHAD P.O. AND P.S.-MANGALDOI DIST-DARRANG ASSAM
4:THE EXECUTIVE OFFICER -CUM- EX-OFFICIO SECRETARY PUB MANGALDOI ANCHALIK PANCHAYAT P.O. AND P.S.-MANGALDOI DIST-DARRANG (ASSAM)
5:THE PRESIDENT
PUB MANGALDOI ANCHALIK PANCHAYAT P.O. AND P.S.-MANGALDOI DIST- DARRANG (ASSAM
Advocate for the Petitioner : F K R AHMED
Advocate for the Respondent : SC, P AND R.D.
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 08.02.2024
Heard Mr. F.K.R. Ahmed, learned counsel for the petitioner, who submits that in terms of the tender notice dated 10.04.2023 for settlement of the Tangi Weekly Open Market for the period from 01.07.2023 to 30.06.2024, the petitioner and 13 other tenderers took part in the selection process. The reserved price for the market was fixed by the respondents at Rs.5,90,422/-.
The petitioner’s counsel submits that the petitioner, who is at Serial No.9 in the comparative statement, had given his bid amount of Rs.8,07,000/-. However, he was not given settlement of the market, despite the other bidders who had given higher bids withdrawing from the selection process. He submits that the respondents have been running the market, vide the impugned order dated 01.12.2023, in violation of Section 105 of the Assam Panchayat Act, 1994 and Rule 47(10) of the Assam Panchayat (Financial) Rules, 2002, i.e., no tenderer has been selected till date.
Mr. P. Handique, learned counsel appearing for the respondent Nos. 1 to 4, submits that the highest bidder Mr. Musraf Hussain, has been awarded the tender, vide meeting minutes dated 01.02.2024 made by the Zilla Parishad and the settlement order has been issued accordingly. He submits that the highest bidder had initially withdrawn his bid on the ground that he was unwell. The Zilla Parishad thereafter ran the market all along. However, on a request made by the highest bidder that he had recovered from his illness and wanted to run the market, the same was accepted by the Zilla Parishad.
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In view of the submission made by Mr. P. Handique, this writ petition is
closed as infructuous.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the market settlement made to the highest bidder without fresh tender violated the tender process.
2 provisions across 2 enactments
NASIR ALI
THE STATE OF ASSAM
THE DARRANG ZILLA PARISHAD
THE GENERAL STANDING COMMITTEE, DARRANG ZILLA PARISHAD
THE EXECUTIVE OFFICER-CUM-EX-OFFICIO SECRETARY, PUB MANGALDOI ANCHALIK PANCHAYAT
THE PRESIDENT, PUB MANGALDOI ANCHALIK PANCHAYAT
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
