ANOWAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Ali, learned counsel for the petitioner and Mr. N.K. Deb Nath, learned Standing Counsel, Panchayat & Rural Development Department for all the respondents.

(2.) By this writ petition instituted under Article 226 of the Constitution of India, the petitioner has assailed the action on the part of the respondent authorities in the Panchayat and Rural Development Department in not refunding the security amount deposited by the petitioner pursuant to a Notice of Acceptance of Tender dtd. 31/7/2021 offering settlement of a ghat named Ananda Bazar Mazid Bhita Parghat, pursuant to a competitive bidding process initiated for the same by a Tender Notice dtd. 10/5/2021. The petitioner is also aggrieved by non-disposal of a Representation dtd. 26/5/2022 stated to have been submitted by the petitioner before the Chief Executive Officer, Barpeta Zilla Parishad [the respondent no. 2].

(3.) By the Tender Notice dtd. 10/5/2021 published by Mandia Anchalik Panchayat, District - Barpeta, sealed bids were invited from interested bidders for settlement of a number of markets/ghats/fisheries within its jurisdiction for the Panchayat Financial Year : 2021 - 2022 and for the period from 1/7/2021 to 30/6/2022. As per the Tender Notice, the last date of submission of bids was up to 02-00 p.m., 23/6/2021. Amongst the ghats sought to be settled vide the Tender Notice dtd. 10/5/2021 was a ghat named Ananda Bazar Mazid Bhita Parghat under Baghbor Gaon Panchayat. In the Tender Notice, the yearly sale value for Ananda Bazar Mazid Bhita Parghat [hereinafter also referred to as 'the Ghat', for easy reference at places] was fixed at Rs.10,000.00 and the earnest money required to be deposited by a bidder was fixed at Rs.1,000.00.