PANI RAM KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) A common question i.e., whether the notice inviting tenders dated 27.5.2009 for Nimati Kamalabari Ferry Service for the year 2009-2010 can be set aside on the ground of non-publication of 1st N.I.T. dated 19.1.2009 in the newspapers has been raised in all the writ petitions. Hence, all the three writ petitions were heard analogously and being disposed of by this common judgment.

(2.) Heard argument of Shri M. Bhuyan, Shri B. Gogoi and Shri P. Bora, learned Counsel for the writ petitioners respectively. Argument on behalf of respondents were advanced by Shri A.K. Bhuyan, learned Counsel. I have also perused the pleadings of the parties as well as rele- vant files produced by learned Counsel for the respondents.

(3.) Facts necessary for disposing of writ petitions are that as usual the Executive Engineer, Inland Water Transport Department, Dibrugarh issued N.I.T. dated 19.1.2009 under memo No. E.S.F.-17/2008-09/2667 for as many as 8 (eight) ferry services (this N.I.T. is hereinafter referred to as the '1st N.I.T.'). In pursuance of the aforesaid 1st N.I.T. as many as 9 (nine) tenders were submitted and the tenders were opened on 4.2.2009. In the previous year the Nimati Kamalabari Ferry Service (briefly N-K Ferry Service) fetched highest bid of Rs. 41 lacs. As per the 1st N.I.T. the highest bid has been quoted at Rs. 74 Lacs; followed by 65 Lacs, 60 lacs and so on. However before the settlement of the N-K Ferry Service the sitting lessee Shri Gautam Kalita challenged the 1st N.I.T. dated 19.1.2009 on the ground that the concerned authorities illegally refused to extend his lease for another three years. The said writ petition was registered as W.P. (C) No. 387 of 2009 and dismissed on 9.2.2009. Soon thereafter 5 persons lodged a common complaint before the Commissioner, I.W.T. on 12.2.2009 alleging that N-K Ferry Service was being settled without any publicity. After this formal complaint the news was also reported in local dailies and another group of 10 persons also prayed for cancellation of 1st N.I.T., submitting a representation to the Principal Secretary, I.W.T. Department on 7.2.2009. On the basis of these complaints/representations the Government issued another tender notice for or the said N-K Ferry Service on 18.5.2009 under Memo No. E.S.F.- 18/2008-09/375 superseding the 1st N.I.T. The aforesaid N.I.T. dated 18.5.2009 was published in local newspapers on 27.5.2009. Petitioners are challenging this 2nd N.I.T. being arbitrary, discriminatory, illegal and without jurisdiction.