Dineswar Nath v. The State of Assam and 8 Ors

ORDER Page No.# 3/3

19.02.2024 (Vijay

Bishnoi, CJ) By this intra-Court appeal, challenge is made to the order dated

29.01.2024 passed by the learned Single Judge in WP(C) No.5935/2023 whereby the learned Single Judge has allowed the writ petition filed on behalf of the respondent Nos.7, 8 and 9 and has cancelled the settlement arrived at between the appellant and the respondent No.2 and has issued a direction to the respondents to initiate a fresh tender process for settlement of the market concerned within a period of one month from the date of passing of the order. The learned counsel for the appellant has submitted that as a matter of fact, the tender process initiated vide notice dated 23.06.2023 has already been cancelled by the General Standing Committee (respondent No.3) and therefore, there is no illegality in the action of the respondent No.2 of accepting the bid offered by the petitioner in response to the tender notice dated

02.05.2023. It is noticed that no such argument was advanced before the learned Single Judge by either of the respondents therein including the appellant. The learned Single Judge has recorded a categorical finding that the settlement was arrived at on the basis of a cancelled tender notice and the tender notice dated 23.06.2023 has never been cancelled. In view of the above, we do not find any merit in this appeal and the same is therefore, dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010032612024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/56/2024o DINESWARoNATHo S/O-oGANGADHARoNATH,oR/O-oVILL.-oSAHARIGAON,oP.O.oLENGORIBORI,o P.S.oBHURAGAON,oPIN-o782121,oDIST.oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPUR,oGUWAHATI-781006. 2:THEoMORIGAONoZILLAoPARISHAD oREPRESENTEDoBYoITSoCHIEFoEXECUTIVEoOFFICER oMORIGAON oASSAM oPIN-o782105. 3:THEoGENERALoSTANDINGoCOMMITTEEoOFoMORIGAONoZILLAo PARISHAD oREPRESENTEDoBYoITSoCHIEFoEXECUTIVEoOFFICER oMORIGAON oASSAM 4:THEoLAHARIGHAToANCHALIKoPANCHAYAT oREPRESENTEDoBYoITSoPRESIDENT oLAHARIGHAT oMORIGAON oASSAM oPIN-o782105. 5:THEoPRESIDENToOFoLAHARIGHAToANCHALIKoPANCHAYAT oLAHARIGHAT oMORIGAON oASSAM Page No.# 2/3 PIN- 782105. 6:THE EXECUTIVE OFFICER AND EX-OFFICIO SECRETARY OF LAHARIGHAT ANCHALIK PANCHAYAT LAHARIGHAT MORIGAON ASSAM PIN- 782105. 7:RAJEN BASUMATARY S/O- LATE AMIN BASUMATARY R/O- VILL.- ROUMARI P.O. TAPTOLA P.S. BHURAGAON DIST. MORIGAON ASSAM PIN- 782121. 8:NARAYAN BISWAS S/O- LATE RAMDAS BISWAS R/O- VILL.- JETPARI P.O. DONGAR PAR P.S. BHURAGAON DIST. MORIGAON ASSAM PIN- 782121 9:ISMAIL HUSSAIN S/O- LATE ABBAS ALI R/O- VILL.- RUPAHIBEEL P.O. BORALIMARI P.S. BHURAGAON DIST. MORIGAON ASSAM PIN- 78212 Advocate for the Petitioner : F K R AHMED Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM