FAYJUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the common order dtd. 11/5/2022 passed by the learned Single Judge in WP(C) No.840/2022 and WP(C) No.4900/2021, the writ petitioner of WP(C) No.4900/2021 has preferred this appeal.

(2.) The following facts emerge from the record of this appeal. The respondent No.3 issued a tender notice dtd. 22/10/2019 for leasing of water logging area of Vocational training Centre, Salchapra, Silchar in the district of Cachar. In response to the tender notice so issued by the respondent No.3, the appellant/original petitioner along with other 5(five) bidders submitted their bids. After following the conditions of the tender notice, the respondent authorities scrutinized the tenders, wherein it was found that 6(six) tenderers quoted the rates as under:-

(3.) The record establishes the fact that the appellant was the third highest bidder. One Jiaur Rahman being the highest bidder at Rs.6,30,000.00. The said facts were noted in the meeting of the Tender Committee, which opened the tender on 8/11/2019. It is the case of the appellant/ original petitioner that the highest bidder and the second highest bidder did not continue their bids in the sense that though they participated in the tender process and quoted the price, they were not ready to accept the contract and, therefore, as the appellant/original petitioner emerged to be the third highest bidder, the respondent authorities ought to have completed the tender process and awarded the contract to the appellant/original petitioner.