MD MOJIBUR RAHMAN, S/O LATE ABUL HUSSAIN Vs. STATE OF ASSAM, REPRESENTED BY PRINCIPAL SECRETARY TO GOVT OF ASSAM

JUDGEMENT

(1.) Heard Ms. S.B. Choudhury, learned counsel for the petitioner in both the writ petitions. Also heard Mr. A. Bhattacharjee, learned standing counsel, Panchayat and Rural Development, appearing for respondent Nos.1, 2 and 3 in both the writ petitions, Mr. R. Dhar, learned State counsel appearing for respondent Nos.4, 5 and 8 in WP(C) No.7464/2018 and for respondent Nos.4, 5, 6 and 7 in WP(C) No.7539/2018 and Ms. S. Chakraborty, learned counsel appearing for respondent Nos.6 and 7 in WP(C) No.7464/2018 and for respondent Nos.8 and 9 in WP(C) No.7539/2018. The respondent Nos.6 and 7 in WP(C) No.7464/2018 and respondent Nos.8 and 9 in WP(C) No.7539/2018 are the same persons.

(2.) As the subject matter of both the writ petitions relates to settlement of Tinsukia Chatian Half Weekly Market for the year 2018-19, the writ petitions are taken up together for final disposal at the admission stage.

(3.) Pursuant to a Notice Inviting Tender (NIT) dated 01.06.2018 issued by the Juria Anchalik Panchayat for settlement of markets, ghats, fisheries, etc., including Tinsukia Chatian Half Weekly Market for the year 2018-19, the petitioner had submitted tender. The case projected in WP(C) No.7464/2018 is that the petitioner had emerged as the 3rd highest tenderer. The settlement was offered to respondent No.6 in WP(C) No.7464/2018, he being the highest tenderer, but the settlement made in his favour was cancelled vide letter dated 04.10.2018 issued by the Chief Executive Officer, Nagaon Zilla Parishad, on the ground of violation of terms and conditions of the NIT as well as agreement for settlement. The respondent No.7 in WP(C) No.7464/2018, who was the 2nd highest tenderer, had withdrawn from the fray. Copy of the said letter was forwarded to Executive Officer, Juria Anchalik Panchayat, to initiate process of open tender of the market and to take responsibility of the market until the re-tender process is completed.