ROFIQUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Ahmed, learned counsel for the petitioner; Ms. M.D. Bora, learned Standing Counsel, Transport Department for the respondent nos. 1, 2, 3 and 5; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent no. 4.

(2.) The respondent no. 3, by a tender notice dtd. 17/8/2020, invited sealed tenders for settlement of a number of public ferry services under the Inland Water Transport Division, Guwahati for the Financial Year : 2020-2022. One of such public ferry which was sought to be settled by the said tender notice was Daukuchi-Bhakradia-Rangeswari-Pijupara public ferry service. In response to the said tender notice, the petitioner submitted his tender in respect of the Daukuchi-Bhakradia-Rangeswari- Pijupara public ferry service.

(3.) The case of the petitioner projected in this writ petition, in brief, is that the petitioner submitted his tender along with all the requisite details/documents in terms of the tender notice. He tendered a bid value of Rs.5,00,000.00. A total of 4 [four] nos. of bidders participated in the competitive bidding process so initiated, for the Daukuchi-Bhakradia-Rangeswari-Pijupara public ferry service. Amongst the 4 [four] bidders, the bid value of the petitioner was the 2 nd highest. The 1st highest bidder had withdrawn his bid in the meantime and the bids of the 3 rd highest bidder and the 4th highest bidder were found defective. As a result, the petitioner had emerged as the only valid bidder. In spite of him emerging as the only valid bidder for the Daukuchi-Bhakradia-Rangeswari-Pijupara public ferry service, the respondent authorities in the Transport Department have not settled the said public ferry service in favour of the petitioner. 3.1 Aggrieved thereby, the petitioner has approached this Court by this writ petition under Article 226 of the Constitution of India seeking inter alia a direction to the respondent authorities to finalize the process of settlement of the Daukuchi-Bhakradia-Rangeswari-Pijupara public ferry service.