ANTAZ ALI SK Vs. BODOLAND TERRITORIAL COUNCIL AND 4 ORS
HIGH COURT OF GAUHATI
Antaz Ali Sk
Bodoland Territorial Council And 4 Ors
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Manojit Bhuyan, J. -
(1.) Heard Mr. P.C. Dey, learned counsel for the petitioner as well as Ms. B. Bhuyan, learned counsel representing respondent nos. 1, 2, 3 and 4. Mr. M.R. Khandakar, learned counsel appears on behalf of respondent no. 5.
(2.) Petitioner assails the Order dated 01.07.2017 issued under the hand of the Block Development Officer, Mahamaya Development Block, Bagribari, whereby settlement of Salbari Hat-Gohat was made with the respondent no. 5 at the bid value of Rs. 5,55,000/- for the period from 01.07.2017 to 30.06.2018. The primary ground of challenge is that the petitioner having offered a higher bid than the respondent no. 5 i.e. standing at Rs. 6,77,777/- and also being a valid bidder, as such no settlement could have been made with the respondent no. 5. In addition, petitioner also relies on the letter dated 23.05.2017 of the Secretary, BTC, Kokrajhar whereby the BDO, Mahamaya was instructed to issue Notice Inviting Tender without insisting on deposit of earnest money/security money.
(3.) The Notice Inviting Tender for settlement of Salbari Hat-Gohat was issued on 25.05.2017. For the purpose of determining the case at hand, the following condition as stipulated in the Notice is of relevance:
"The tender must have to deposit the offered rate fixed of the concerned Market/Go-hat/Parking/Parghat/Ferry/cattle pond, etc. in the form of Bank Draft which shall be made payable in favour of the B.D.O Mahamaya Dev. Block at SBI Branch alongwith tender documents to be a valid tenderer.";
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