DULEN BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Dutta learned counsel for the petitioner. Also heard Mr. M. Bhagawati, learned State Counsel appearing for respondent No. 1, Mr. T.J. Mahanta, learned Senior Counsel appearing for respondent Nos. 2 and 3 and Mrs. R. Gogoi, learned counsel appearing for respondent Nos. 4 and 5.

(2.) A tender notice was issued on 02.05.2014 by the respondent No. 5 inviting tenders for settlement of, amongst others, Sapekhati Weekly Market with effect from 01.07.2014 to 30.06.2015. Nine tenderers including the petitioner submitted tenders in respect of the said market. The tenders were opened on 26.06.2014 by the respondent No. 5 and, thereafter, a Comparative Chart was prepared. Subsequently, respondent No. 5 forwarded all the tender papers along with Comparative Chart to the Sivasagar Zilla Parishad for their scrutiny and approval.

(3.) It is pleaded in the writ petition that the Zilla Parishad refused to consider the tenders submitted by the Sapekhati Anchalik Panchayat on the ground that the Anchalik Panchayat had no jurisdiction to open the tender papers when the value of the tender is more than Rs. 1 lakh. On 25.06.2014, the respondent No. 5 issued a short tender notice dated 24.06.2014 inviting fresh tenders for 3 Nos. of Markets and a Ghat, including Sapekhati Weekly Market as per direction of the Chief Executive Officer, Sivasagar Zilla Parishad.