PADMANANDA KEMPRAL Vs. ASSAM BOARD OF REVENUE GAUHATI AND ORS
HIGH COURT OF GAUHATI
Assam Board Of Revenue Gauhati And Ors
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(1.) This application has been filed under Article 226 of the Constitution of India praying for a writ of certiorari quashing the order dated 4-3-1970 passed by the Assam Board of Revenue.
(2.) The Petitioner's case is that opposite party No. 3, the Sub-Divisional officer North Cachar Hills invited tenders for settlement of Haflong Country spirit Shop for a period of three years from 1st April, 1970 to 31st of March 1973. The Petitioner and six others including the opposite party No. 2 Kumbha Kumar Hojai submitted tenders in the usual form. In the tender filed by the Petitioner, he did not fill up the column relating to caste and community. He also did not fill up column 5 of the tender form regarding the past and present occupation of the tenderer but in the remarks column he stated that he was a Public Works Department contractor since 1963. The Sub-Divisional Officer, North Cachar Hills agreeing with the unanimous decision of the Advisory Committee settled the shop with the Petitioner for the period from 1970 to 1973, by his order dated 3-11-69.
(3.) Against the said order of settlement opposite party No. 2 preferred an appeal before the Assam Board of Revenue, who by its judgment and order dated 4-3-70 allowed the appeal, set aside the order dated 3-11-69 of the Sub-Divisional Officer and settled the shop with opposite party No. 2.;
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