M/S MAHIBUR RAHMAN Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
M/S Mahibur Rahman
The State Of Assam
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ARUP KUMAR GOSWAMI,J. -
(1.) Heard Mr. A. Sarma, learned counsel for the petitioners. Also heard Mr. T.C. Chutia, learned State counsel, appearing for the respondent Nos. 1 to 5 and Ms. M. Dutta, learned standing counsel, FCI, appearing for the respondent Nos. 6 and 7.
(2.) The case of the petitioners, as projected in the writ petition, in short, is that pursuant to a Notice Inviting Tender (NIT) dated 14.01.2014 issued by the respondent no. 4, i.e. the Deputy Commissioner, Nagaon, inviting tenders in two-bid tendering system (technical bid and price bid) from the experienced Handling and Transport Contractors of food grains, sugar, coarse grains or any other essential commodity with strong financial background for selection and appointment of Handling and Transport Contractor for loading/unloading/handling and transport/delivery of food grains etc. at door step in two tier system as indicated therein, the petitioners submitted their tenders for a period of 1(one) year from March, 2014 to February, 2015.
(3.) In the tendering process, the petitioners were selected as Handling and Transport contractor of food grains in Hojai Sub-Division in Nagaon district under Tier-II and the work order dated 28.11.2014 indicated from which Gaon Panchayat Samabay Samitee (GPSS) they were supposed to collect and transport food grains from. In the work order dated 28.11.2014, the transportation cost was fixed. Subsequently, the petitioners were asked to collect food grains from Janakalyan S.S. Limited in respect of some GPSS, who were attached with Janakalyan S.S. Limited. It is pleaded that the distance between Janakalyan S.S. Limited and the agents of Fair Price Shops is more than 35 K.Ms. As the transportation cost fixed did not cover the extra and additional distance which the petitioners were required to transport the food grains, the petitioners submitted a representation dated 27.10.2015 before the respondent no. 4 and in the meeting held on 18.02.2016, presided over by the respondent no. 4, it was resolved that the petitioners would be entitled to extra transportation charges as per actual distances. The petitioners had continued to transport food grains and had submitted bills taking into account the extra distances that the petitioners had to cover and accordingly, extra transportation charge was paid for the months of December, 2015 and January, 2016. However, subsequently, the extra transportation cost paid for the months of December, 2015 and January, 2016 being Rs. 1,00,522/-, Rs. 4,37,931/- and Rs. 4,57,871/- in respect of the petitioner Nos. 1, 2 and 3, respectively, were deducted and the actual transportation cost in terms of the resolution adopted in the meeting dated 18.02.2016 was not paid for the months of February, 2016 to April, 2016 and the amounts were kept in the form of banker's cheque. The same was done on the strength of an order dated 22.09.2016 passed by the respondent no. 4.;
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