NAYAN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner by instituting this writ petition under Article 226 of the Constitution of India, has assailed an order of settlement dtd. 24/8/2021 passed by the respondent No. 4 i.e. the Chief Executive Officer, Kamrup Metro Zilla Parishad whereby a market named Dharapur Daily Market, had been settled in favour of the respondent No. 6 at her offered annual bid value of Rs.6,52,505.00. The petitioner while seeking setting aside of the consequential agreement executed between the respondent Kamrup [M] Zilla Parishad/Rani Anchalik Panchayat and the respondent No. 6 for the Dharapur Daily Market, has also made prayer for a direction to the respondent authorities to grant the settlement of Dharapur Daily Market in his favour contending that the bid of the petitioner was the highest valid bid.

(2.) The relevant facts for adjudication of the issues involved in this writ petition can be exposited, in brief, as under:

(3.) After evaluation of the bids submitted by the participating bidders, the respondent No. 4 by the impugned order of settlement dtd. 24/8/2021 informed the respondent No. 6 that the Zilla Parishad had decided to accept her bid for an amount of Rs.6,52,505.00 for one year for settlement of the Market for the year : 2021-2022. It transpires that by the said order of settlement dtd. 24/8/2021, the respondent No. 4 asked the respondent No. 6 to deposit an amount of Rs.3,26,252.00 [Rs.1,95,751.00 towards 1st installment + Rs.1,30,501.00 towards security deposit] within a period of one week from 24/8/2021. The respondent No. 6 was also asked to execute an agreement for settlement of the Market on stamp papers by bearing the necessary cost.