DHRUBAJYOTI Vs. GAUHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) These writ petitions have been preferred by the respective writ petitioners against the Gauhati Municipal Corporation for a direction to revoke/cancel the tender notice issued by the respondent Corporation and also to give remission and/or extension of the settlement made in their favour.

(2.) As the claim of the petitioners are similar and identical in facts and law, I propose to categorise all these cases in two categories as below and pass a common judgment. GROUP - A (Relating to Check Gates') CR 1528/98, CR 1260/98, CR 1302/98 CR 1353/98, CR 1399/98, CR 1375/98 GROUP - B (Relating to Parking Places) CR 1354/98, CR 1256/98, CR 1355/98, CR 1357/98 In all these writ petitions the petitioners have alleged violation of Clauses 4 and 8 of the Gauhati Municipal Corporation (Settlement of Lease of Check Gate, Parking Places, Markets etc.) Bye Laws, 1996 (for short the "Bye Laws") while challenging the tender notice as stated above.

(3.) In Civil Rule Nos. 1302/98 and 1375/98 the petitioner was settled with the Khanapara Check Gate for the year 1997-98 at a bid value of Rs.2,61,16,115/- in response to Tender Notice No. GEF/37/97/2 dated 10.3.97. Accordingly petitioner deposited security deposit of Rs.65,29,029/- and an agreement was entered into between the parties. Clause 21 of the terms and conditions of the said tender notice runs thus :-