MD IMAMUL HAQUE Vs. STATE OF ASSAM AND 3 ORS REP BY COMMISSIONER
LAWS(GAU)-2018-5-131
HIGH COURT OF GAUHATI
Decided on May 31,2018

Md Imamul Haque Appellant
VERSUS
State Of Assam And 3 Ors Rep By Commissioner Respondents

JUDGEMENT

Arup Kumar Goswami, J. - (1.) Heard Mr. B.D. Das, learned senior counsel for the petitioner. Also heard Mr. S.K. Medhi, learned Additional Advocate General, Assam, appearing for the respondents.
(2.) By this writ application, the petitioner calls into question the short re-sale notice dated 09.08.2016 published on 11.08.2016 and also prays for a direction to make settlement of Chaparmukh Kapili Nadi Sand Permit Area Part-I (B) (Rev. Portion) (for short, "Permit Area") of 2016-18 by bringing the tender notice dated 04.02.2016 to its logical end.
(3.) Pursuant to the tender notice dated 04.02.2016, the petitioner had participated and it is the pleaded case of the petitioner that his bid value of Rs. 10,11,983/- was the highest valid bid and that 3(three) other tenderers had submitted their tender papers. The other 3(three) tenderers had quoted bid amount of Rs. 9,95,199/-, Rs. 9,94,788/- and Rs. 9,92,201/-. After evaluation of the tender papers, the matter was referred to the respondent No.2 for his approval and for necessary action. When for a considerable period of time, the respondents did not finalize the tender process and as the grapevine had it that the respondents might go for re-tendering for settlement of the Permit Area, the petitioner approached this Court by filing a writ petition being WP(C) No.4708/2016 on 05.08.2016. After filing of the said writ petition, the respondent No.4 issued a short re-sale notice on 09.08.2016 fixing 05.09.2016 as the last date for submission of the tender. Confronted with these developments, the said writ petition was withdrawn by the petitioner, with liberty to file a fresh writ petition and accordingly, the instant writ application was filed with the prayers, which have already been noticed.;


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