ANTIQUE INDIA PVT LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment, Writ Petition (C) No.7936 of 2001, Writ Petition (C) No.7939 of 2001, Writ Petition (C) No.8165 of 2001, Writ Petition (C) No.7938 of 2001, Writ Petition (C) No. 8273 of 2001 and Writ Petition (C) No. 1090 of 2002 are being disposed of. In all these petitions, the order dated 13.11.2001 issued by the respondent authority is in challenge. By this order, the Respondent No. 1 awarded the contract for supply of Potable Alcohol/Rectified Spirit to the Tinsukia Excise Warehouse in favour of the Respondent No.3, Shri Prasanna Dutta.

(2.) By the order doted 13.11.2001, the Under Secretary to the Government of Assam, Excise Department informed the Commissioner of Excise that decision has been taken to award the contract for wholesale supply of Potable Alcohol/ Rectified Spirit (Grade-I) to the Tinsukia Excise Warehouse with Mr. Prasanna Dutta of Sibsagar at his quoted rate of Rs. 10.45 paise per LP.L. for the term 2001-2004.

(3.) The aforesaid decision of the Government has been challenged by the writ petitioners on the ground that the state authority ought to have awarded the contract with them since the rates quoted by them were lower than that quoted by the Respondent No.3. Besides, the petitioners have assailed the decision on the ground that the, respondent authority set on motion an exercise to determine the viable rate beyond the terms of the NIT after opening of the quotations of the tenderers.