RATUL GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, learned counsel for the petitioner in WP(C) No.4350/2016 and Mr. P.J. Saikia, learned counsel for the petitioners in WP(C) No.4537/2016. Also heard Mr. Mr. U.K. Das, learned counsel, appearing for the Dibrugarh Municipal Board, for short, 'the Board'.

(2.) Both the writ petitions are in relation to settlement of parking lots under the Board but filed with somewhat different dimensions. These two writ petitions were taken up for disposal analogously and are now being disposed of by this common judgment.

(3.) The case projected by the petitioner in WP(C) No.4350/2016 is that the petitioner was interested to submit tender for one of the parking places under the Board and he did come across a Notice Inviting Tender (NIT) issued by the Chairperson of the Board, i.e. the respondent No.4, on 22.07.2016 in a daily newspaper, namely, "Dainik Janambhumi". The NIT was issued for settlement of 11(eleven) numbers of parking lots fixing 27.07.2016 as the last date of submission as well as opening of tenders. In the NIT, it is mentioned that tender papers would be issued from 21.07.2016 to 25.07.2016. On going through the detail particulars, it was noticed that the intending tenderers were to submit up to date Income Tax Clearance Certificate and Pan Card, Bakijai Clearance Certificate from the District Administration, Financial Soundness Certificate from any nationalised bank and the earnest money in the form of Bank Draft in favour of the Executive Officer of the Board. It is contended by the petitioner that 207.2016 and 24.07.2016 were holidays being fourth Saturday and Sunday, respectively, and, therefore, it was not reasonably practicable to obtain all the requisite documents for the purpose of submission of valid tender. It is stated that Rules holding the field for granting settlement provides for publication of NIT in newspaper giving one month notice.