BIRKHANG BORO Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This writ application has been filed for setting aside and quashing of the tender process initiated in respect of the Sand and Stone Mahal in question.

(2.) The basic facts as narrated in the writ petition are that pursuant to the Short Sale Notice published in the newspaper on 10.9.2002 inviting tenders for sale of the Pollanadi Sand & Stone Mahal (Annexure -1) for the period of 2002 -04, the petitioner submitted his tender. According to the petitioner, on the basis of the comparative statement prepared by the respondents, he was the 4th highest bidder with the offer of an amount of Rs. 5,45,000. According to the petitioner, the three bidders above him declined to pursue their offer and, thus, it was his legitimate expectation that he would get the settlement of the mahal. However, same was not to be.

(3.) When the matter rested as above, the respondent No. 4 issued tender notice on 7.10.2003 for sale of the said mahal for the period of 2003 -05. According to the petitioner, the tender notice neither published in any newspaper nor notified in any other sufficient manner so as he enable to intending tenderers like the petitioner to participate in the tender process.