DHANESOR KATHAR Vs. KARBI ANGLONG AUTONOMOUS COUNCIL

JUDGEMENT

(1.) Heard Mr B Chakraborty, learned counsel for the petitioner; Mr J Chutia, learned Standing Counsel, Karbi Anglong Autonomous Council for respondent Nos. 1 to 4, 6 and 7; Ms M Barman, learned State Counsel for respondent No. 5 and Mr D Das, learned counsel for respondent No. 8.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of the decision of the Karbi Anglong Autonomous Council (Council) to settle Ranaima Entry Tax Gate in favour of respondent No. 8 and further seeks a direction to the respondents to settle the Ranaima Entry Tax Gate for the calendar year 2019-2020 with the petitioner being the highest bidder.

(3.) As would be evident from the prayer itself, matter relates to settlement of Ranaima Entry Tax Gate (Gate) by the Council for the year 2019-2020. It is stated that a Notice Inviting Tender (NIT) was issued by the Council on 31.01.2019, inviting tenders from intending tenderers for sale of entry tax gates, markets, ghats, fisheries etc. within the jurisdiction of the Council for the year 2019-2020. The NIT covered Ranaima Entry Tax Gate (Gate) with which this litigation is concerned. As per Condition No. 4 of the terms and conditions accompanying the NIT, a tender would be rejected if it was submitted by a defaulter or if it was found that incomplete documents were submitted or if any document was found to be forged. As per Condition No. 5, a selected tenderer would have to deposit the settled amount in one installment within 7 days from the date of issuance of the settlement order, failing which, the settlement order would be cancelled and the security amount would be forfeited. As per Condition No. 17, a tenderer was required to furnish financial soundness certificate equivalent to the offered amount issued by any Nationalized Bank for his/her own or his/her guarantor along with tender application. It was mentioned therein that the term of lease would be from 01.04.2019 to 31.03.2020.