DIPU DAS Vs. GUWAHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) By the instant writ petition, preferred under Article 226 of the Constitution of India, the petitioner has assailed an Order bearing no. GEF/51/2023-24/284 dtd. 24/7/2023 and an Order bearing no. GEF/43/2023-24/328 dtd. 4/8/2023, both issued under the hand of the Joint Commissioner, Guwahati Municipal Corporation [GMC]. By the Order dtd. 24/7/2023, the respondent GMC has forfeited the Earnest Money Deposit [EMD] given by the petitioner for the purpose of participating in a bidding process initiated for settlement of a parking slot by the respondent GMC. By the said Order, the petitioner has also been blacklisted, thereby, debarring him from participating in any kind of tender/auction under the GMC from the date of issuance of the said Order. The Order dtd. 4/8/2023 is in continuance of the Order dtd. 24/7/2023 and by the Order dtd. 4/8/2023, the lease of another parking place viz. Parking Slot no. 43, H.B. Road, from Khubchand point to Sikh Temple point, left side parallel parking, Fancy Bazar, earlier granted to the petitioner, has been terminated with immediate effect.

(2.) Having regard to the nature of the issue involved and considering that necessary pleadings have been exchanged, the writ petition is taken up for final consideration at the motion stage itself, as agreed to by the learned counsel for the parties.

(3.) A brief narration of the previous events which had led to the passing of the afore-mentioned two Orders can be exposited at this stage.