NABAJYOTI DAS Vs. STATE OF ASSAM AND 6 ORS
LAWS(GAU)-2018-12-68
HIGH COURT OF GAUHATI
Decided on December 04,2018

Nabajyoti Das Appellant
VERSUS
State Of Assam And 6 Ors Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. N. Dutta, learned Senior Advocate for the petitioner, Mrs. D.D. Barman, learned Addl. Senior Govt. Advocate for the State respondents No.1 to 4, Mr. B. D. Das, learned Senior Advocate for the Jorhat Municipal Board, respondent No.5 and 6, and Mr. A.D. Choudhury, learned Advocate for the respondent No.7.
(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed to (i) set aside and quash the resolution adopted in the Special General Meeting dated 03.02.2018 by the Jorhat Municipal Board, amongst others, providing for extension of the lease period of "Chowk Bazar Market" with the previous lessee, i.e. respondent No.7 for a period of 12 (twelve) months; (ii) to set aside and quash the approval granted by the Director of Municipal Administration, Assam vide letter under Memo No. DMA 49/2005/Pt-1/361 dated 29.03.2008, granting approval to the Jorhat Municipal Board for extension of the various markets/ stands/ parking area for the period 2018-19; (iii) to set aside and quash the impugned order under Memo No. 9634 dated 31.03.2018 granted to the respondent No.7 in respect of Chowk Bazar for a period of 12 months; (iv) direction to the respondents to forbear from giving effect to the resolution adopted in the Special General Meeting dated 03.02.2018 by the Jorhat Municipal Board, amongst others, providing for extension of the lease period of Chowk Bazar Market with the previous lessee, i.e. respondent No.7 for a period of 12 (twelve) months; (v) direction to the respondents to forbear from giving effect to the approval granted by the Director of Municipal Administration, Assam vide letter under Memo No. DMA 49/2005/Pt-1/361 dated 29.03.2008, granting approval to the Jorhat Municipal Board for extension of the various markets/ stands/ parking area for the period 2018-19; (vi) direction to the respondents to cancel/ rescind and/or forbear from giving effect to and to set aside and quash the impugned order under Memo No. 9634 dated 31.03.2018 granted to the respondent No.7 in respect of Chowk Bazar for a period of 12 months; and (vii) for a direction to the Jorhat Municipal Board to issue fresh NIT with respect to the Chowk Bazar Market as directed by this Court by order dated 13.02.2018 in W.P.(C) No. 3673/2017.
(3.) For settlement of parking of Chowk Bazar Market for the year 2017-18, bids were invited by the Jorhat Municipal Board. In the tender process, the petitioner was settled with the same at the bid amount of Rs.46,16,600/-. The private respondent No. 7 had challenged the settlement by filing W.P.(C) No. 2399/2017 on the ground that despite his bid for a sum of Rs.66,00,000/-, the petitioner was given lease of the said Chowk Bazar Market by order dated 31.03.2017. It is projected in the writ petition that in their Affidavit- inopposition filed by the Jorhat Municipal Board, the said respondents No.5 and 6 took a stand that the rates quoted by the respondent No.7 was exorbitant. However, this Court, by judgment and order dated 23.05.2017 passed in W.P.(C) No. 2399/2017 (Champalal Das Vs. State of Assam & 5 others) along with a batch of other 6 similar writ petitions, had set aside the settlement order dated 31.03.2017 in favour of the petitioner by issuing directions to the Jorhat Municipal Board to constitute a five member Tender Evaluation Committee to act in consonance with the directions contained in the said order.;


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