BHUPEN BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) SETTLEMENT of Nemati Kamalabari Ferry Service, pursuant to the NIT, dated 19/10/2009, issued, in this regard, by respondent No. 3, namely, Executive Engineer, Inland Water Transport Department, Dibrugarh Division, Dibrugarh, for the year 2009-2010, with respondent No. 6 herein, is the subject-matter of controversy, in this writ petition, made under Article 226 of the Constitution of India.

(2.) RULE 19 of the Control and Management of Ferries RULEs, 1968, (hereinafter referred to 'as the RULEs of 1968') read as under:

(3.) AGGRIEVED by the settlement, so made, in favour of respondent No. 6, the petitioner has filed this writ petition on the ground, inter alia, that though the terms and conditions, embodied in the NIT, require that a tenderer shall submit the land valuation certificate of the land of periodic patta of not less than the bid/tender money, in his own name, situated within the district or the sub-division, from the Deputy Commissioner/Additional Commissi- ner/Sub-Divisional Officer of the district/sub-division concerned, respondent No. 6 herein submitted the land value certificate of the land standing not in his name, but in the name of two other persons, namely, Ramesh Dutta and Rima Dutta, and that the land value certificate, which respondent No. 6 so submitted, was issued by a registered valuer and not by the Deputy Commissioner as was required under the said NIT. Further, the land value, shown in the land value certificate, is, points out the petitioner, is less than the bid/tender value offered by respondent No. 6.