ABDUL GANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The matter relates to settlement of a parghat called the Kadang-Sonapur-Beki Nadir Parghat, which is within the territorial jurisdiction of the Mandia Anchalik Panchayat for the year 2011-12. Mandia Anchalik Panchayat is under the Barpeta Zilla Parishad. A Notice Inviting Tender (NIT) was issued by the Mandia Anchalik Panchayat on 15.4.2011 inviting tenders for settlement of various Hats, Ghats etc. within its jurisdiction for the year 2011-2012, including the Kadang-Sonapur-Beki Nadir Parghat (briefly the "Parghat" hereafter). As per the said NIT, the Government value of the Parghat was fixed at Rs. 40,000.00 and the earnest money at Rs. 2000.00.

(2.) Clause 3(Ka) of the NIT, which is relevant for adjudication of the present case, stipulated that a tenderer whose bid value was above Rs. 1,00,000.00 should submit a Loan Clearance Certificate from the Zilla Parishad. It was stated that submission of such a certificate was mandatory, otherwise the tender would be rejected. The petitioner submitted his tender for the Parghat offering his bid value at Rs. 99,999.99. As his bid value was below Rs. 1,00,000.00 he was not required to submit such a certificate. It appears altogether 13 tenderers had submitted tenders for the Parghat, including the petitioner and the respondent No.6. The tenders were opened on 16.6.2011. The tenders were scrutinized by the General Standing Committee of the Mandia Anchalik Panchayat and thereafter the comparative statement was prepared. As per the comparative statement prepared, the first highest bidder had withdrawn his tender. The second highest bidder i.e. the respondent No. 6 had offered Rs. 2,86,999.00 but in the absence of necessary document his tender was rejected. The tenders of the tenderers at S1. Nos. 3, 4 and 5 were also similarly rejected. The tenderer at S1. No.6 had also withdrawn his tender. That left the petitioner with bid value of Rs. 99,999.99 at S1. No.7. In the remarks column in respect of the petitioner it was remarked "settlement given". The said comparative statement as available up to S1. No. 7 was signed by the President and the Executive Officer as well as by the Members of the General Standing Committee of the Mandia Anchalik Panchayat. According to the petitioner, as per the direction of the Anchalik Panchayat authorities, he deposited the first installment of kist money amounting to Rs. 35,000.00 on 27.6.2011. Since the bid value of the highest eligible bidder selected was below Rs. 1,00,000.00, the Mandia Anchalik Panchayat forwarded the tender papers along with the comparative statement to the Barpeta Zilla Parishad on 29.6.2011 for confirmation. The Barpeta Zilla Parishad instead of confirming the decision of the Mandia Anchalik Panchayat, decided to settle the Parghat with the respondent No.6 at his bid value of Rs. 2,86,999.00 vide order dated 30.6.2011. It is this order of the Zilla Parishad dated 30.6.2011 which is under challenge in the present proceeding.

(3.) This Court by order dated 20.7.2011 while issuing notice, stayed the aforesaid order dated 30.6.2011. The respondent NO.6 thereafter filed an application for vacation of the aforesaid order dated 20.7.2011 passed by this Court. The said application was registered as Misc. Case No. 2272 of 2011. Both the mise. case and the main writ petition have been, taken up together for consideration by the Court.