DAULAT MIAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India challenging an Order bearing no. ZPD-231/AAP/Settlement/HGF/2022-23/27 dtd. 4/8/2022 passed by the respondent no. 2 i.e. the Chief Executive Officer, Dhubri Zilla Parishad and a subsequent Order bearing no. AAP/13Hat/Ghat/Min Mahal-2022-23/3601 dtd. 22/8/2022 passed by the respondent no. 3 i.e. the Executive Officer, Agomoni Anchalik Panchayat. By the impugned order dtd. 4/8/2022, the respondent no. 2 did not accord confirmation to the proposal for settlement of a fishery named 'Falimari Beel' ['the Fishery', for short] sent from the Agomoni Anchalik Panchayat, in favour of the petitioner on the premise that the petitioner did not affix the requisite court-fee stamps with his bid with the further observation that if the settlement of the Fishery was made in favour of the petitioner, the same would not be in conformity with Clause 10 of the Notice Inviting Tender dtd. 23/5/2022 ['the NIT']. The respondent no. 2 had further directed the respondent no. 3 to proceed for settlement of the Fishery in terms of Clause 10 of the Tender Notice and to settle the Fishery to the next higher bidder. By acting in terms of the Order dtd. 4/8/2022, the respondent no. 3 had passed the order dtd. 22/8/2022 settling the Fishery in favour of the respondent no. 5 at his offered bid value of Rs.36,779.00.

(2.) The factual matrix leading to the passing of impugned Order on 4/8/2022 can be narrated, in brief, as follows : By a Tender Notice dtd. 23/5/2022 published by the Agomoni Anchalik Panchayat, sealed bids were invited from interested bidders for settlement of a number of markets/ghats/fisheries falling under its jurisdiction for the Panchayat Financial Year : 2022-2023 and for the period from 1/7/2022 to 30/6/2023 as per the provisions of the Assam Panchayat Act, 1994, as amended. The last date of submission of bids was up to 02-00 p.m. on 15/6/2022. One of the fisheries included for settlement in the NIT dtd. 23/5/2022 was 'Falimari Beel' ['the Fishery'] under the Agomoni Anchalik Panchayat. The yearly sale value of the Fishery was mentioned as Rs.32,999.00 and the earnest money required to be deposited by a bidder belonging to General Category was mentioned as Rs.3,300.00. 50% of Rs.3,300.00 was to be deposited by a bidder belonging to Scheduled Caste [SC]/Scheduled Tribe [ST] category as the earnest money.

(3.) I have heard Mr. D.A. Kaiyum, learned counsel for the petitioner and Mr. N.K. Dev Nath, learned Standing Counsel, Panchayat and Rural Development [P&RD] Department for the respondent nos. 1 - 4. As per the order dtd. 17/2/2023 of the Lawazima Court, notice was duly served upon the respondent no. 5. Despite service of notice upon the respondent no. 5, none has appeared for the respondent no. 5 to represent him in the instant writ proceedings.