KHIROD DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Two numbers of issues have arisen for determination in the instant case. The principal issue is as to whether the respondent authorities are justified in allotting a market in favour of the respondent no. 7 in spite of the fact that the bid of the petitioner is higher than that of the respondent no. 7. However, before deciding the issue, the preliminary issue which requires determination is as to whether a bidder whose bid is defective is eligible to maintain such a challenge. It is needless to say that if the preliminary issue is decided against the petitioner, there would be no requirement to decide the second question which otherwise also is a settled position in law that it is the highest bidder in a tender pertaining to a settlement of a Mahal etc. who is generally offered the settlement and in case of deviation, the same has to be justified by cogent and reasonable grounds.

(2.) However, to decide the aforesaid issues, the bare minimum facts of the case is required to be put on record.

(3.) The matter pertains to settlement of the Khelmati Weekly Market (hereinafter called the Market) under the Sonitpur Zila Parishad. A NIT was published on 21/5/2022 for settlement of different markets under the Balipara Anchalik Panchayat within the Sonitpur Zila Parishad for the year 2022-23. It is the case of the petitioner that he had submitted his bid for the aforesaid Market on 20/6/2022. Though the petitioner has claimed to have submitted all the required documents along with the bid, he came to learn that his Jamabandi was removed from the set of papers and he had accordingly filed a complaint to the Chief Executive Officer, Sonitpur Zila Parishad. On the same date, the settlement of the Market was made with the respondent no. 7 which is the subject matter of challenge in this writ petition. The petitioner has further contended that the certified copy of the Comparative Statement was itself furnished to the petitioner belatedly.