ACHINTYA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Deka, learned counsel for the petitioner in WP(C) 5572/2016, WP(C) 5575/2016 and WP(C) 5599/2016, Mr. B. K. Das, learned counsel for the petitioner in WP(C) 5707/2016 and Mr. R. Sarma, learned counsel for the petitioner in 6236/2016. Also heard Mr. Y. Doloi, learned Additional Advocate General, Assam, appearing for the Jorhat Municipal Board, for respondent Nos. 3 and 4 in WP(C) 5572/2016, WP(C) 5575/2016, WP(C) 5599/2016 and WP(C) 6236/2016, and for respondent Nos. 4 and 5 in WP(C) 5707/2016, Mr. T. C. Chutia, learned State counsel, appearing for respondent Nos. 1 and 2 in WP(C) 5572/2016, WP(C) 5575/2016, WP(C) 5599/2016 and WP(C) 6236/2016, and for respondent Nos. 1, 2 and 3 in WP(C) 5707/2016, as well as Mr. D. Nath, learned counsel for respondent No. 5 in WP(C) 5572/2016, Mr. H. K. Sarma, learned counsel for respondent No. 5 and for respondent No. 6 in WP(C) 5575/2016 and WP(C) 5707/2016, respectively, Mr. G. Alam, learned counsel for respondent No. 5 in WP(C) 5599/2016 as well as Mr. S. J. Abdullah, learned counsel for respondent No. 5 in WP(C) 6236/2016.

(2.) The Jorhat Municipal Board (for short, 'the Board') issued a Notice Inviting Tender (NIT) dated 30.05.2016 for settlement of various markets/parking stands falling within the Jorhat Municipality area. Pursuant to the said NIT, the petitioner in WP(C) 5707/2016 had submitted his tender in respect of B.B. Hall Market, Jorhat, offering his bid at Rs. 8,65,200.00 and the respondent No. 6 in the said writ petition had offered his bid at Rs. 6,75,937.00. While the petitioner was the highest valid tenderer, the respondent No. 6, in the ranking, had emerged as the fourth highest tenderer. However, by order dated 31.08.2016, the settlement was offered to the respondent No. 6 at his bid value of Rs. 6,75,937.00.

(3.) The petitioner in WP(C) 5599/2016 had submitted his tender for truck stand offering his bid at Rs. 13,75,312.50. The respondent No. 5 therein had submitted his tender offering his bid at Rs. 7,34,844.00 Apart from the petitioner, there are two other valid tenderers who had quoted Rs. 6,84,600.00 and Rs. 6,73,130.00, respectively. The petitioner was the highest valid tenderer. However, by order dated 31.08.2016, the settlement was given in favour of respondent No. 5 at his offered bid value.