KULADHAR DUTTA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The subject matter of this writ petition relates to supply of country spirit to a liquor warehouse situate at a place called Nazira. The supply was to be made between May 1, 1987 to April 30, 1990. The State Government of Assam on Dec. 30, 1986 invited tenders from all concerned and as many as eight tenders were received by the Excise authorities. Two among the tenders were considered as not suitable. From the balance of six the Excise Commissioner recommended two tenders including a partnership firm. The State Government on May 25, 1987 accepted one out of the two recommended. The writ petition is filed by one who is held not suitable and in the petition the tender with whom the settlement is made by the State Government is impleaded. A firm which was recommended by the Excise Commissioner got impleaded on their own initiative as per order in Misc. Case No, 180 of 1989 on April 24, 1939 of this Court.

(2.) The contention raised in the petition are two fold.

(3.) The principal contention is the State Govt. considered tenders who were recommended by the Excise Commissioner and did not consider the other six which in law the Government was obliged to do so. Therefore, for non consideration of the six tenders the order of the State Government and the settlement arrived on May 25, 1987 can not be sustained in law. It is the duty of the State Government so it is contended next to augment revenues of the State under the provisions of the existent statute and rules the Government should have accepted the lowest of the tenders. From the record it is seen the lowest of the tenders is not preferred. The State Government in derogation of the statutory duty did not select the lowest of the tenders for settlement therefore the impugned settlement thus entered it is argued is improper and also illegal.