- (1.)All the three writ petitions having raised common questions of law on more or less identical facts were heard together and are being disposed of by this common judgment and order.
(2.)I have heard Mr. S. Kataki and Mr. A. M. Buzarbaruah, learned counsel for the petitioners in WP (C) 2194/2003 and 2398/03 respectively. None has appeared on behalf of the petitioner in WP (C) 2350/03. Mr.G. K. Bhattacharyya, learned Sr. Counsel appearing for the private Respondents in all the cases as well as Mr. B. M. Sarma, learned counsel appearing on behalf of the Gauhati Municipal Corporation has also been heard.
(3.)The facts, in brief, may be noted at the outset. By a notice dated 8-2-03 the Commissioner, Gauhati Municipal Corporation invited tenders for settlement of as many as10 different markets under the jurisdiction of the Gauhati Municipal Corporation (hereinafter referred to as the Corporation) for the year 2003-2004. In the present set of cases, the relevant market in question is the Beltola Bi-Weekly Market. Pursuant to the notice inviting tenders issued, as many as 15 tenderers submitted their respective bids. The petitioner in WPC 2194/03 Shri Saurabh Das having quoted an amount of Rs. 30,99,999.00 was the 4th highest tenderer. The petitioner in WPC 2350/03 Shri Dipak Kumar Saikia having quoted an amount of Rs. 27,99,999.00 was the 7th highest tenderer whereas the petitioner in the third writ petition, i.e. WPC 2398/03 Shri Pawan Chandra Boro was the third highest tenderer, he having quoted an amount of Rs. 32,50,555.00. The market in question was settled by the authority in favour of the private Respondent Shri Bhubanjyoti Rabha by an order dated 13-3-2003. As the aforesaid settlee, Shri Bhubanjyoti Rabha, had quoted an amount of Rs. 26,21,876.00, these writ petitions have been filed assailing the order dated 13-3-2003 on the short ground that the authority of the Corporation had gone wrong in rejecting the higher offer made by the writ petitioners and in preferring the private respondent for settlement of the market by passing the claims of the writ petitioners.