KHALILUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner with material suppression of fact has initiated this writ proceeding. Being not content with the same, he also misrepresented and thereby misled the court regarding service of notice on the private respondent and thereby obtained an interim order. Pursuant thereto, he could even obtain an order in his favour towards running of the Ferry Service (the Ghat) in question to the deprivation of the private respondent who was settled with the same pursuant to a tender process. This is inspite of the fact that the tender submitted by the petitioner was rejected being not accompanied with the required documents.

(2.) The South Salmara Anchalik Panchayat (in short, "the Anchalik Panchayat"), by a notification dated 7.4.2003 invited tenders for settlement of Hats/Ghats under its jurisdiction for the year 2003-2004 which included the "South Salmara-Dhubri Lunch Ghat". According to the petitioner he submitted his tender with all necessary documents on 22.5.2003. The private respondent (Respondent No.5) and many other also submitted tenders. The tender value of the petitioner at Rs.1,52,000/- was the highest and that of Rs.1.21,000/- offered by the respondent No. 5 was the 2nd highest. It is the respondent No.5 who was settled with the Ghat for the period from 1.7.2003 to 30.6.2004 by letter dated 30.6.2003 issued by the Anchalik Panchayat. It is the case of the petitioner that he being the highest bidder, the Ghat ought to have been settled with him. He made representations before the Government, which however, yielded no result.

(3.) In support of the claim of the petitioner that he responded to the NIT by submitting his tender along with all necessary documents, the petitioner has made specific averments in the writ petition, in the additional affidavit and in the counter affidavit, which is belied by his own letter dated 22.5.2003 which he had addressed to the President of the Anchalik Panchayat, without, however, making any mention of the same in the writ proceedings. As against the specific averments made that he had submitted his tender along with all necessary documents, the petitioner by his said letter dated 22.5.2003 which was the last date of submission and opening of tender made a request to the Anchalik Panchayat to permit him to submit his documents at a later date. The records of the tender proceeding which the court could obtain after repeated persuasions and even by passing order for procurement of the same by way of personal appearance of the officer concerned and requesting the Government Advocate for the same have revealed this factual aspect of the matter which the petitioner deliberately withheld from the court. The said letter dated 22.5.2003 (English version) is quoted below: "To The Respected President' South Salmara Anchalik Panchayat, Bhalukmari, Date:22.5.2003 Sub : Submission of tender today for "South Salmara-Dhubri Lunch Ghat" without necessary documents for loss of the same. Sir, Most respectfully, I beg to state that today (22.5.2003) the authorities have received the tenders for "South Salmara Dhubri Lunch Ghat". I have submitted my tender for the same, but I regret to inform that I could not enclose the necessary documents along with the tender. I have lost the documents on my way. Therefore, I earnestly request you to permit me to submit the documents whenever is sought for, if my tender is acceptable as per rule. This is my humble prayer. Yours faithfully Khalilur Rahman Father: Sahjamal Vill: Manirchar Date: 22.5.2003