BIKASH BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The necessary facts, in brief, are that the Executive Officer, Kampur Town Committee floated tender for settlement of Kampur Weekly Market. The present respondent No. 4 Shri Dhiren Choudhury, petitioner in W.P.(C). No. 4403/2002 alongwith the present appellant Shri Bikash Bora, petitioner in W.P.(C) No. 4191/2002, and other persons submitted tender. The offer of the respondent Shri Dhiren Choudhury was accepted and the market was settled with him with effect from 1st July, 2002. The appellant filed the writ petition challenging the decision of the Executive Officer. The High Court has passed an order on 23.7.02 whereunder the settlement of the market was directed to be kept in abeyance and as a consequence thereof permitted th.e Executive Officer to manage the Weekly Market. The Director of Municipal Administration, Assam later on vide order dated 4.7.02 directed that the settlement of the Weekly Market be made with the present appellant in place of the respondent No. 4 at his rate of Rs.69,999/-. This order was challenged by the present respondent No. 4 in the above writ petition W.P.(C). No. 4403/2002.

(2.) The reason given by the Director for settlement of the market in favour of Shri Bikash Bora is as under:

(3.) Thus, the market was settled in favour of Shri Bikash Bora, inspite of his non- compliance of the tender notice conditions. This order of settlement of the market in favour of Bikash Bora dated 4.7.2002 was set aside by the learned Single Judge on the ground that the tender notice condition has to be followed strictly for acceptance of a tender and the order of settlement of the market dated 27.6.2002 in favour of the petitiener Shri Dhiren Choudhury was maintained.