AMRAN HUSSAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.A. Kaiyum, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the respondent nos.1 to 5 and Mr. A. Sarma, learned counsel for the respondent no.6.

(2.) The petitioner has prayed for setting aside and not give effect to Clause 10 of the Tender Notice for 2023-2024 dtd. 29/4/2024, wherein it has been provided that the tender for all Bazaars/Ghats/Min Mahals/Pounds offering highest bid price will be considered for settlement. It further states that if the tenderer offering the highest bid price does not enclose the relevant papers and documents (except Court Fee and Earnest Money), he/she will be given a period of 3 (three) days for submission of such papers and documents. If he/she fails to submit the papers and documents within the specified period of three days, his/her tender will be cancelled and his/her Earnest money will be forfeited and the next highest bidder shall be considered for settlement within the said terms and conditions.

(3.) The petitioner took part in the selection process for settlement of the Balisatra Bi-weekly Market (fort short 'Market') issued by the Batadrava Ancdhalik Panchayat, in pursuance to the NIT dtd. 29/4/2023. The petitioner was the 4th highest bidder amongst 33 bidders. The petitioner was selected as the successful bidder for settlement of the Market, on account of the three highest bidders not having the requirement documents in their quotations.