GAUHATI HIGH COURT ISSUES ORDERS ON MONKICHAND HOJAI V/S THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL (N.C. HILLS) AND 3 ORS

GUWAHATI, India, Nov. 24 -- Gauhati High Court issued the following order on Oct. 24:

1. Heard Mr. B. D. Das, the learned Senior counsel assisted by Mr. H. K. Sarma, the learned counsel appearing on behalf of the Petitioner and Mr. D. Thousen, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2, 3 and 4.

2. The Petitioner herein is aggrieved by the cancellation of the tender process and issuance of a short Notice Inviting Tender dated 22.04.2025 for settling of the Dittockcharra Vehicle Gate for the period from 06.05.2025 to 31.12.2025.

3. The material facts as could be seen from the records are that a Notice Inviting Tender was issued by the Dima Hasao Autonomous Council for settling of two vehicle gates namely Manderdisa Vehicle Gate and Dittockcharra Vehicle Gate with the bid value stated therein. In terms with the said Tender Notice, in respect to Manderdisa Vehicle Gate, the Bid value has been put at Rs.75,37,500/- and in respect to Dittockcharra Vehicle Gate, the Bid value has been put at Rs. 75,00,000/-.

4. Pursuant to the said Notice Inviting Tender, as many as 10 bidders participated in respect to Dittockcharra Vehicle Gate. Out of these 10 bidders, 5 bidders were found to be eligible. The 5 bidders who were found to be eligible were:

Table omitted, can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xywUzrtyX9RJ90THRV4hQ4NdvG0XLpMTfjUOJO4XXXh5&caseno=WP(C)/2320/2025&cCode=1&cino=GAHC010091932025&state_code=6&appFlag=)

5. However, on 17.04.2025, the Respondent Authorities took a decision to go for retender on the ground that the official rate of Dittockcharra Vehicle Gate was Rs.75,00,000/- which is very minimal of Rs.1,00,00,000/- for which tender process should be done immediately by cancelling the tender. In addition to that, the Respondents have issued a fresh short Notice Inviting Tender on 22.04.2025 for settlement of the Dittockcharra Vehicle Gate for the period from 06.05.2025 to 31.12.2025 thereby putting the official bid value at Rs.1,00,00,000/-. It is under such circumstances, the Petitioner has approached this Court by filing the present writ petition.

6. The record reveals that this Court vide an order dated 01.05.2025 issued notice and stayed the short Tender Notice dated 22.04.2025 issued on 25.04.2025. The interim order thereupon has been continued from time to time.

7. It is seen that the Respondent Nos. 1 to 4 have filed an affidavit-inopposition wherein it has been mentioned at paragraph No.4 that the Manderdisa Vehicle Gate was settled at Rs.5,00,70,000/- vide settlement order dated 02.05.2025 and therefore there was no reason to settle the Dittockcharra Vehicle Gate at Rs.2,87,50,000/- which was the rate offered by the highest bidder in respect to Dittockcharra Vehicle Gate. It was further mentioned that in order to get more revenue, the tender process was cancelled insofar as Dittockcharra Vehicle Gate and there was a decision to retender the same for the period from 06.05.2025 to 31.12.2025 and the minimum bid value was put at Rs.1,00,00,000/-. Reply thereagainst have also been filed to the said affidavit-in-opposition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xywUzrtyX9RJ90THRV4hQ4NdvG0XLpMTfjUOJO4XXXh5&caseno=WP(C)/2320/2025&cCode=1&cino=GAHC010091932025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.