SUDIPTA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.R. Barthakur, learned Senior Counsel for the appellant and learned Govt. Advocate.

(2.) THIS writ appeal is directed against the judgment and order dated 1.12.2000 passed in Writ Petition (C) No. 245/2000. Pursuant to tender notice dated 7.6.1999 the competent authority settle the Excise Warehouse at Tezpur for wholesale supply of Potable Alcohol/Rectified Spirit Grade -I in favour of the respondent No. 4 M/s. Aparajita Exports. The petitioner was one of tenderers and he challenged the order of settlement on the ground that the tender submitted by the Respondent No. 4 was not in accordance with the requirements of the said tender. Learned Single Judge by the impugned order dated 1.12.2000 dismissed the said writ petition holding that there was no violation of the conditions of tender. Hence the present appeal.

(3.) IT is submitted on behalf of the appellant that the respondent No. 4 did not mention about the investment he was going to make in respect of the above accessories and requirements to be provided by him. The tender notice does not require such statement. It only proved that the successful tender is required to provide the above facilities. The learned Single Judge also considered the above submission of the appellant and correctly held that the question of investment does not arise and the tenderer is not required to submit the same.