Decided on March 08,2018

Sujit Sarkar Appellant
STATE OF ASSAM Respondents


A.K.GOSWAMI,J. - (1.) Heard Mr. P. K. Roy, learned counsel appearing for the petitioner. Also heard Mr. T. C.Chutia, learned State counsel, appearing for the State respondents as well as Mr. K. P. Pathak, learned counsel appearing for respondent No. 4.
(2.) It is the case of the petitioner that a tender notice dated 02.03.2016 was published for sale of "NKD-B-2 Safakama Mining Contract Area" (for short, "mining area"), for the period 2016-2023, wherein the last date for receipt of tender was fixed on 28.03.2016, up to 3-00 P.M. It is pleaded that, subsequently, by paper publications in "Axomiya Khabor" and "Dainik Agradoot", both dated 23.04.2016, the last date for receipt of tender was extended to 24.05.2016 and, then, again to 30.05.2016 vide paper publication dated 27.05.2016 published in "Niyomiya Barta" and "The Sentinel". The petitioner had submitted his tender for the same. On 30.05.2016, the tenders were opened and it was found that 5 (five) tenderers had submitted their tenders. Out of the five tenders, except the tender of the petitioner, tenders of other tenderers were found to be defective. While the petitioner was legitimately expecting formal order of settlement, a re-sale notice dated 25.06.2016 was issued in one Assamese newspaper, namely, "Axomiya Khabor" in respect of the same mining area and this prompted the petitioner to approach this court by filing this application under Article 226 of the Constitution of India.
(3.) The petitioner had also filed an affidavit on 29.08.2016 to bring on record a paper publication effected in respect of the said tender notice dated 02.03.2016 in "Niyomiya Barta" in its publication dated 04.03.2016.;

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