GUWAHATI, India, June 2 -- Gauhati High Court issued the following order on April 30:
1. Heard Mr. T. J. Mahanta, learned Senior Counsel, assisted by Mr. P. P. Dutta, learned counsel, appearing for the petitioner. Also heard Ms. N. Bora, learned Standing Counsel, Panchayat & Rural Development Department, Assam, appearing for the respondent nos.1, 2, 4, 5 and 6; Ms. U. Das, learned Additional Senior Government Advocate, appearing for the respondent no.3 and Mr. F. K. R. Ahmed, learned counsel, appearing for the respondent no.7.
2. The petitioner by way of instituting the present proceeding has assailed an order dated 02.07.2025, issued by the Chief Executive Officer, Morigoan Zilla Parishad, settling the Moirabari By-Weekly Market, for the Panchayat financial year 2025-2026, with the respondent no.7, herein.
3. The Chief Executive Officer, Morigoan Zilla Parishad, along with the District Commissioner, Morigaon, as the In-Charge President of Morigoan Zilla Parishad, had issued a tender notice dated 05.06.2025, for settlement of various Markets/Hats/Ghats/Fisheries/Pounds etc., in Morigoan District, for the Panchayat financial year 2025-2026 w.e.f. 01.07.2025 to 30.06.2026, by invoking the provisions of the Assam Panchayat Act, 1994, as amended. The said tender was also issued for settlement Moirabari Bi-weekly market. The petitioner along with the respondent no.7 and others had submitted their respective bids for settlement of Moirabari Biweekly Market. In terms of the provisions of Clause 12 of the tender notice, it was mandated that only those tenders would be accepted for consideration, wherein, the bid value was within 10% of the average settlement value for the last 03 (three) years for the market, in question. The petitioner submitted his bid, for an amount of Rs.30,55,384/- (Rupees Thirty Lakhs Fifty Five Thousand Three Hundred Eighty Four), while the respondent no.7 had submitted his bid for a value of Rs.30,55,360/- (Rupees Thirty Lakhs Fifty Five Thousand Three Hundred Sixty). On opening of the bids so received, a comparative statement was prepared and therein, the bid offered by the petitioner was cancelled holding that the same was higher than 10% of the average value of settlement of the market for the last 03 (three) years. The bid submitted by one Ashim Roy was also rejected on the same grounds. The bids submitted by the other 12 (twelve) bidders including respondent no.7 were held to be eligible and all having quoted an amount of Rs.30,55,360/- (Rupees Thirty Lakhs Fifty Five Thousand Three Hundred Sixty), they all were held to be 'H1' bidders. As the bidders held to be eligible having quoted similar bid value, for selection of the successful bidder, a lottery was held and therein, the respondent no.7 was selected as the successful bidder in the tender process for settlement of the market, in question. In terms of the selection of respondent no.7, the Chief Executive Officer, Morigaon Zilla Parishad, proceeded vide communication dated 02.07.2025 to settle the market, in question, with the respondent no.7 at his bid value of Rs.30,55,360/- (Rupees Thirty Lakhs Fifty Five Thousand Three Hundred Sixty).
The petitioner being aggrieved by the rejection of his bid as well as the settlement of the market, in question, with the respondent no.7 has instituted the present proceedings.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x34gmiN1ANqlp8dv0mUycu1k%2Bmht6IHNF1TmGFSYn8MW&caseno=WP(C)/5092/2025&cCode=1&cino=GAHC010193552025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
