ABDUL KARIM Vs. PRASANTA KUMAR DEKA

JUDGEMENT

(1.) Heard Mr. P Phukan, learned counsel for the petitioner. Also heard Mr. A Roy, learned standing counsel for the P&RD Department and Ms. DD Barman, learned Additional Senior Government Advocate for the respondents. The private respondent No. 11 is the caveator who was represented by the learned counsel Mr. A Sharma. As per office note dated 03.12.2019, the Registry did not receive either vakalatnama or any affidavit on behalf of the respondent No. 11.

(2.) The petitioner is aggrieved by the settlement order No. N.Z.P.B.S./135/2019-20/6051dated 24.07.2019 issued by the respondent No. 5 thereby giving settlement of Leteri Beel Part-11 in favour of the private respondent No. 11 at the bid value of Rs. 3,45,000/- who wasthe second highest bidder.

(3.) The petitioner submitted his tender for settlement of the said beel of Lahkar Gaon Panchayat (serial No. 18 of the NIT dated 28.5.2019) under Moirabari Anchalik Panchayat. The petitioner was the highest bidder with the bid value of Rs. 7,20,000/- amongst 9 (nine) tenderers. The respondent Nos. 6 and 7 opened tender on 21.06.2019 in presence of the tenderers/ representative of the tenderers and the petitioner was the highest bidder. But, inspite of that vide impugned notification dated 31.07.2019, the Tender Committee of Nagaon Zila Parishad comprising of the respondent Nos. 4 and 5 alongwith 3 (three) other persons settled the said fishery in favour of the respondent No. 11. It is also pleaded that therespondent No. 11 was earlier declared as defaulter as a result he is debarred from participating in any future tender for 5 (five) years as per clause 23 of the NIT dated 28.05.2019. Accordingly, the said settlement of the fishery with the respondent No. 11 is illegal for which the petitioner sought for setting aside the impugned settlement order andalso for a direction to the respondents to settle the said fishery in favour of the petitioner considering his highest bid value of Rs. 7,20,000/-.