Nazim Uddin Laskar v. The State of Assam and 6 Ors

ORDER

15.03.2024

¶1Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned counsel for the Forest Department; Mr. K.L. Gupta, learned counsel for the respondent no.6 and Mr. G. Khandalia, learned counsel for the respondent no.7.

¶2The petitioner's case is that he had taken part in the e-auction sale notice under NIT No.HKD/DFO(T)/E-Tender/09 dated 08.11.2021 relating to Katakhal Sand Mining Contract Unit-I. The petitioner as well as the respondent no.7 being Page No.# 3/4 successful in the Technical Bid Evaluation Stage took part in the Financial Bid Evaluation Stage on 24.03.2022, by participating in the live auction conducted by the respondent no.6.

¶3The petitioner's grievance is that during the live auction, after the petitioner had already offered the bid price of Rs.2,61,00,000/- and the respondent no.7 had offered Rs.2,62,00,000/- for the Sand Mahal, the live auction abruptly came to an end, thereby denying the petitioner an opportunity to offer his next higher bid. The live auction details which was captured by the petitioner through his mobile phone showed that the auction had ended with the respondent no.7 being declared the winning bidder at his quoted rate of Rs.2,62,00,000/-. Being aggrieved, the petitioner has filed the present writ petition, stating that the live auction had been abruptly closed, to enable the respondent no.7 to be settled with the Sand Mahal.

¶4The petitioner's counsel submits that the alleged abrupt closure of the live auction had been done due to a nexus between the respondent nos.6 & 7. He also submits upon instructions that the petitioner is willing to offer upto Rs.3,00,00,000/- (Rupees three crores) for the said Katakhal Sand Mining Contract Unit-I, in terms of the e-auction sale notice under NIT No.HKD/DFO(T)/E-Tender/09 dated 08.11.2021.

¶5At this stage, Mr. G. Khandalia, learned counsel for the respondent no.7 submits that the respondent no.7 would like to withdraw from the bidding process pursuant to the e-auction sale notice under NIT dated 08.11.2021 as Page No.# 4/4 two years have elapsed. He submits that the Sand Mahal may be settled with the petitioner, as the petitioner has offered Rs.3,00,00,000/- (Rupees three crores) for the Sand Mahal.

¶6Mr. D. Gogoi, learned counsel for the Forest Department submits that in view of the changed circumstances and the submissions made by the learned counsels for the parties, the Forest Department will consider settling the Sand Mahal with the petitioner at his offered bid price of Rs.3,00,00,000/- (Rupees three crores).

¶7In view of the changed facts and circumstances of the case, there is nothing left to adjudicate in this case. The Forest Department shall accordingly consider the case of the petitioner for settling the said Katakhal Sand Mining Contract Unit-I at his offered bid price of Rs.3,00,00,000/- (Rupees three crores) for 7 (seven) years or in the alternative, make a proportionate adjustment of the offered Rs. 3 crores for the remaining part of the contract period. The respondents shall also allow the respondent no.7 to withdraw from the bidding process and return all his earnest money.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

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