NAYEB ALI Vs. STATE OF ASSAM AND 6 ORS
HIGH COURT OF GAUHATI
State Of Assam And 6 Ors
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Prasanta Kumar Deka, J. -
(1.) Heard Mr. R Ali, learned counsel appearing for the petitioner. Also heard Mr. TC Chutia, learned Additional Senior Government Advocate and Mr. H Ali, learned counsel appearing on behalf of the respondent No. 7.
(2.) The petitioner states that the President of Mandia Anchalik Panchayat issued a tender notice on 09.05.2017 for settlement of Hat/ Parghats/ Fishery etc. falling under the jurisdiction of the said panchayat for the year 2017-18. The said tender notice stipulated qualifying criteria of the bidders and amongst other clauses 15 (kha), and 18 which are relevant and reproduced hereinbelow:-
"(B) In respect of Parghat the tenderer should submit the copy of insurance policy in respect of boat and passengers. After getting the settlement holder should submit the license of the haul operator and capacity of passengers. The settlement holder should also keep the articles of safety in the boat otherwise settlement will be cancelled.
18. If the terms and condition of Part-1 & 2 from serial No. 1 to 17 is not fulfilled, tender will be cancelled."
(3.) The tender was opened wherein 16 bidders participated which was for "Sukhaarzhar Manikpur via Satrakanara Parghat". The petitioner's bid was found to be valid at his quoted bid of Rs. 1,00,000/- which was accepted by the Standing Committee of Mandia Anchalik Panchayat (hereinafter referred to as 'Mandia AP). The bid quoted by the respondent No. 7, Habej Uddin was Rs. 1,51,000/- but as there was no insurance coverage of his own boat, his bid was rejected. The comparative statement was prepared by the Mandia AP and vide covering letter dated 03.07.2017, the Executive Officer, Mandia AP sent all the tender documents along with the comparative statement for confirmation. The petitioner was engaged in the mean time as an agent of the Mandia AP vide resolution dated 07.07.2017 to collect toll of the said Parghat i.e. Sukhaarzhar Manikpur via Satrakanara Parghat purely on temporary basis. Vide letter dated 15.07.2017, the Chief Executive Officer, Barpeta Zilla Parishad, respondent No. 3 settled the said Parghat to respondent No. 7. Being aggrieved, the petitioner has filed this writ petition for quashing the order dated 12.07.2017 directing the respondent No. 3 to confirm the settlement on the petitioner.;
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