HAFIZUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Choudhury, learned counsel for the petitioner as well as Mr. M. Nath, learned standing counsel for the P and RD Department, respondents No. 1 and 2 and also heard Mrs. M. Bhattacharjee, learned counsel for the respondent No.4 and Mr. S.C. Biswas, learned counsel for the respondent No.5.

(2.) With the consent of consent of the parties, this writ has been taken up for hearing at the admission stage on the ground that the issue involved in the present writ petition relates to settlement of market for a period of one year w.e.f. 01.07.2018 to 30.06.2019, out of which only five months is now left for operating the said market.

(3.) The grievance of the petitioner in the present writ petition is that the Gabhoru Anchalik Panchayat (respondent No.4) had issued a NIT dated 29.05.2018 for settlement of various markets including the Panchmile Daily Market. Five bidders have participated in the said tender process, where there were three valid bidders/ tenderers out of five tenderers including the petitioner, the respondent No.5 as well as one Kabol Sarkar. It is projected that while the bid amount of Kabol Sarkar was Rs.7,91,000/-, the bid of the petitioner was Rs.4,10,000/- and that of respondent No.5, namely, Akkas Ali was Rs.1,11,786/-. The date of opening of the tender was 15.06.2018, which was re-scheduled to 22.06.2018 and on the opening of the tenders, the comparative statement was prepared by the Chief Executive Officer, Sonitpur Zila Parishad on 28.06.2018. It is further projected that while the petitioner being the second highest tenderer, had a legitimate expectation for being settled with the said market as the highest bidder has expressed his unwillingness to get the settlement of market. However, on 15.09.2018, the petitioner had come to know that the market was already settled with the respondent No.5.