HARUN RASHID Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ali, learned Counsel for the petitioner, and Mr. G. Soren, learned Government Advocate, appearing on behalf of the respondent Nos. 1, 2 and 3. Also heard Mr. A. Matin, learned Counsel, appearing on behalf of the respondent No. 4.

(2.) This writ petition, filed under Article 226 of the Constitution of India, arises out of a settlement of a bi-weekly market, namely, Arabari Bi-weekly Bazaar, for the financial year 2009-2010, pursuant to a Notice Inviting Tender issued, in this regard, by respondent Nos. 2 and 3. Though the present petitioner's bid value, seeking settlement of the said bazaar, was Rs. 14,000/-per month, the State respondents, more specifically, respondent Nos. 2 and 3 herein, have settled the said bazaar with respondent No. 4, namely, Md. Abdul Kalam, on the later's bid value of Rs. 8,300/- per month, by making an order, dated 12.10.2009. It is the order, dated 12.10.2009, which stands impugned in this writ petition.

(3.) Resisting the writ petition, respondent No. 3, namely, the Executive Officer, Juria Anchalik Panchayat, has filed an affidavit, wherein it has been pointed out that the General Standing Committee had taken the decision that it would be in public interest to give settlement of the said bazaar in favour of the respondent No. 4 at his bid value of Rs. 8,300/-, per month, instead of the petitioner at the latter's bid value of Rs. 14,000/-, per month, an offer, which was, according to the General Standing Committee, exorbitant and impracticable. The justifications which the Standing Committee has given, are essentially meant for the State Government inasmuch as Sub-rule (10) of Rule 47 of the Assam Panchayat (Financial) Rules, 2002 (in short, 'the Rules'), provides, "The tender of highest bidder shall be accepted. Acceptance of tender, other than the highest bid, shall require the Government's prior and formal approval."