RAJIB SONOWAL Vs. STATE OF ASSAM AND 4 ORS
HIGH COURT OF GAUHATI
State Of Assam And 4 Ors
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Arup Kumar Goswami, J. -
(1.) Heard Mr. N.N. Jha and Mr. M. Beria, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned Additional Advocate General, Assam, appearing for the respondents.
(2.) This writ petition is filed challenging the advertisement dated 06.04.2018 whereby mining permit area No.DBR/Khowang/23 of 2018-20 (for short "the mining area") was put to re-sale and praying for a Writ of Mandamus directing the respondents to settle the said mining area with the petitioner as he was the highest valid tenderer pursuant to the sale notice dated 07.02.2018 issued by respondent No.5, i.e. Divisional Forest Officer, for a period of two years, i.e. 2018-2020.
(3.) The last date for submission of tender in respect of the said sale notice dated 07.02.2018 was 28.02.2018. Six tenderers had submitted their tender papers and it appears that at a bid value of Rs.8,10,000/-, the petitioner had emerged as the highest tenderer. Subsequently, after preparation of the comparative statement, by letter dated 07.03.2018 (Annexure-5 of the writ petition) addressed to the respondent No.4, i.e. Conservator of Forests, Eastern Assam Circle, the respondent No.5 sought permission to put the mining area into re-sale in the interest of Government revenue. The said prayer was accepted by the respondent No.4 by letter dated 19.03.2018 (Annexure-6 of the writ petition) and he requested the respondent No.5 to re-survey the mining permit area for enhancement of stipulated quantity and, thereafter, to put the same on re-sale giving wide publicity. Subsequent thereto, notice for re-sale was issued fixing tomorrow i.e. 27.04.2018 upto 3.00 P.M. for receipt of tenders.;
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