HIMANGSHU SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner challenging the Resolution No. 1 dtd. 27/3/2023 and the settlement order dtd. 31/3/2023 issued by the Chairperson of Mangaldoi Municipal Board settling the Mangaldoi Fish Market with the Respondent No. 6 for the period of 023-24 and direct the Mangaldoi Municipal Board to make the settlement of Mangaldoi Fish Market for the period of 2023-24 with the valid highest bidder/the Petitioner forthwith.

(2.) The facts involved in the instant case as could be discerned from the materials on record reveals that the Tender Notice was issued by the Chairperson of Mangaldoi Municipal Board, Darrang, Mangaldoi for the purpose of settlement of Hat/Bazar, Bus Parking, River Mahal etc under the Mangaldoi Municipal Board for the period 2023-24 subject to fulfillment of the terms and conditions of the Tender Notice. It reveals further from the Tender Notice, more particularly, the Clause 7 of the Tender Notice that the tenderers were required to enclose various certificates as stipulated therein.

(3.) From a perusal of the comparative statement enclosed to the writ petition as Annexure-E, 1t reveals that the Petitioner herein had submitted the tender of an amount of Rs.15,84,000.00 whereas the Respondent No.6 had submitted the tender of Rs.9,04,444.00. The second highest bidder was one Joyram Bharali who had quoted Rs.14,45,301.00. However, the Respondent Authorities have settled the tender with the Respondent No. 6 who had quoted Rs.9,04,444.00. It further transpires from the minutes of the meeting held on 27/3/2023 that the Petitioner's bid was rejected on the ground that he did not submit the GST document as well as the money receipt of Rs.500.00, whereas the bid of the second highest bidder i.e. Sri Joyram Bharali was rejected on the ground that he had withdrawn the said bid. Therefore, the 3rd highest bidder i.e. the Respondent No.6 was awarded the contract. Being aggrieved by the said Resolution adopted in the minutes of the meeting dtd. 27/3/2023 and the subsequent Communication dtd. 31/3/2023, whereby the settlement was made in favour of the Respondent No. 6, the Petitioner have approached this Court by filing the instant writ petition seeking the reliefs as afore stated.