GUWAHATI, India, June 17 -- Gauhati High Court issued the following order on May 16:
1. Heard Mr. P. Mahanta, learned counsel for the petitioner in both the writ petitions and Mr. S. Kataki, learned counsel for the respondent No. 4. Also heard Mr. M. Chetia, learned counsel for the respondent No. 5 and Ms. M. D. Borah, learned counsel for the Transport Department.
2. The petitioner is aggrieved with the cancellation of the Land Valuation Certificate No. AMC.4.2020/154 dated 22.02.2024 issued in favour of the petitioner and the Order No. ECF No.470518/236 dated 23.08.2024 issued by the Joint Secretary to the Government of Assam, informing the Director of IWT regarding settlement of the Gumaghat Ferry Service (hereinafter referred to as the 'Ferry Service') with the respondent no.4 for the remaining period of 2024- 2026.
3. The petitioner's case in brief is that the petitioner participated in the NIT No. 67 dated 08.02.2024, for running the Gumaghat Ferry Service for the years 2024-2026. The petitioner's bid of Rs. 16,42,500/- being the highest, he was allowed to run the ferry service every 15 days w.e.f. 01.04.2024, till regular settlement of the ferry service was to be made by the authority. The petitioner's temporary settlement of the ferry service was to end on 30.06.2024. The petitioner thereafter came to learn of the office order No. 354 dated 21.06.2024, whereby the Ferry Service was to be run by Rajesh Bhakat (respondent No. 4) w.e.f. 01.07.2024 to 31.07.2024. The petitioner came to learn that the said decision had been made due to the petitioner's bid not being proper, on the ground that he did not submit the Non-Encumbrance Certificate (NEC), as required in the NIT, which is for securing the bid amount submitted by a tenderer.
4. The petitioner being aggrieved with the decision of the respondents to settle the Ferry Service with the respondent no.4 filed WP(C) 3400/2024. The petitioner's case in WP(C) 3400/2024 was that the petitioner had submitted three Non-Encumbrance Certificates (NECs) along with supporting Land Valuation Certificates and that even if one NEC, which was not up-to-date, did not cover the bid amount of the petitioner as security deposit, the other two upto-date NECs would cover the bid amount of the petitioner. In this respect, it would be profitable to refer to Clause-7 of the terms and conditions of the NIT, which states as follows:-"The tenderer have to submit Certificate in support of periodic patta land in his own name within the District or the Subdivision of value not less than the bid/tender money from the Deputy Commissioner/Additional Deputy Commissioner/Sadar Sub divisional Officer of the District or Sub divisional Officer (Civil) of the Subdivision concerned and Circle Officer on behalf of Deputy Commissioner."
5. During the proceedings of WP(C) 3400/2024, the Circle Officer, Agomoni Revenue Circle issued a Speaking Order dated 08.07.2024 cancelling the Land Valuation Certificate issued vide No. AMC/4/2020/154 dated 22.02.2024, in relation to the petitioner's NEC bearing RTPS Reference No.RTPSNEC/2023/5808944, as there was a discrepancy between the land schedule mentioned in the petitioner's application and the Lot Mondal's report. Further, the land valuation stated in the certificate differed from the valuation in the Lot Mondal's report. As such, the petitioner was asked to submit the original Land Valuation Certificate issued to him and to apply for a fresh Certificate. Pursuant to the cancellation of the petitioner's Land Valuation Certificate by the Speaking Order dated 08.07.2024, which was an essential document to be submitted by a tenderer, WP(C) 3400/2024 was closed vide order dated 24.07.2024, as there was nothing left to adjudicate in the said case. It was also stated in the order dated 24.07.2024 passed in WP(C) 3400/2024 that the petitioner was at liberty to challenge any regular selection of a tenderer, who was settled with the Ferry Service, pursuant to the NIT dated 08.02.2024.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGgEJu3%2B31WNF8yu4iD2d8C5Jz2G04saaan3cLogbg87&caseno=WP(C)/4349/2024&cCode=1&cino=GAHC010174682024&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
