DHARMA KANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these two writ petitions being connected to the same tender process and filed by rival parties, the same were heard together and are being disposed of by this common judgment and order. The matter pertains to the settlement of the Beltola Bi-weekly Market under the Guwahati Municipal Corporation. Before going to the issue which has arisen for determination, it would be convenient if the facts of the cases are narrated in brief.

(2.) The Guwahati Municipal Corporation (GMC) had issued a tender notice dtd. 2/3/2023 inviting tender for the settlement of the Beltola Bi-weekly Market (hereinafter the market) for the year 2023-24 with effect from 1/4/2023 to 31/3/2024. The estimated government value of the market was fixed at Rs.1,03,41,540.00. Both the petitioners in these two petitions had submitted their respective bids. It may be mentioned that the petitioner in WP(C)/3388/2023 was the earlier settlement holder.

(3.) The bids were opened on 23/3/2023 wherein three numbers of bids were found. The bidder with the highest bid was however having major defects in his bid and was accordingly disqualified. So far as the bid of the petitioner in WP(C)/2088/2023 is concerned namely, Shri Dharmakanta Das who is the proprietor of M/S Ganapati enterprise, the amount offered by him was Rs.1,25,15,000.00 whereas the bid of Shri Fatik Das who is the petitioner in WP(C)/3388/2023 was Rs.1,28,50,700.00. It however, appears that the Earnest Money Deposit (EMD) of Shri Fatik Das was short by Rs.35.00. It was the term of the contract that the EMD was fixed at 10% of the offered value if the candidate belongs to the General Category and 5% if the candidate was of Schedule Caste category. It is not in dispute that Shri Fatik Das belongs to the Scheduled Caste category and therefore his Earnest Money Deposit was to be 5% of the bid offered.