DHARMENDRA MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Goswami, the learned counsel for the petitioner and Ms. S. Sarma, the learned counsel appearing on behalf of the respondent Nos. 1, 2 and 5.

(2.) Taking into consideration that issuance of notice at this stage insofar as the respondent Nos. 3 and 4 is concerned would neither be in the interest of the petitioner nor the respondent Nos. 3 and 4, this Court therefore dispenses with the notice upon the respondent Nos. 3 and 4 more so in view of the reasons given hereinunder.

(3.) The case of the petitioner in brief is that the Dhing Municipal Board collects parking fees for Dhing-Borbhogia Parking Stand through lessees appointed by the Dhing Municipal Board. At present the said is being carried out by the Government of Assam through its Executive Officer. It is the case of the petitioner that the Dhing Municipal Board floated a tender and the petitioner being the highest bidder was approved and allotted work for the financial the year 2020-21 with effect from 1/4/2020 to 31/3/2021. The Executive Officer of Dhing Municipal Board floated a tender on 18/2/2021. However, on account of the Election Commission of India's announcement of the general elections to the Assam Legislative Assembly, 2021 on 26/3/2021 and the Model Code of Conduct coming into force immediately from the date of announcement, the said tender dtd. 18/2/2021 could not be proceeded for which the lease to the said Parking Stand was extended in favour of the petitioner for a period of 3(three) months i.e. with effect from 1/4/2021 to 30/6/2021 vide an order dtd. 25/3/2021.