MAHIR UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R. Ali, learned counsel for the petitioner and Mr. B. J. Ghosh, learned Government Advocate, Assam, who has produced the record. Also heard Mr. H. Ali, learned counsel for the respondent No. 7.

(2.) MATTER relates to settlement of a ferry (parghat) called "Islampur Chawlkhuwa Parghat". Tender notice was issued by Mandia Anchalik Panchayat under Barpeta Zilla Parishad on 14.05.2013 for settlement of the said parghat alongwith other hats/parghats etc. for the period 2013 -14. Petitioner responded to the tender notice and submitted tender. Tenders were opened on 13.06.2013 and it was found that 10 tenderers had submitted tenders. Petitioner has offered bid value of Rs. 99,999.99 and was placed at 7th position in the comparative statement. Respondent No. 7 had offered Rs. 37,650.00, which is much below the petitioner.

(3.) THOUGH petitioner had submitted his tender with all the relevant documents including Land Holding Certificate from the office of the Circle Officer, Baghbar Revenue Circle, the tender of the petitioner was cancelled on the ground that there is no Land Holding Certificate in the name of the petitioner. Thereafter, it was decided to settle the ferry with respondent No. 7, which received approval of the Barpeta Zilla Parishad. Following the same, Executive Officer, Mandia Anchalik Panchayat, issued the settlement order dated 02.08.2013, settling the ferry with respondent No. 7 at his bid value of Rs.37,650.00.