Pradip Chandra Bora v. The State of Assam and 5 Ors

ORDER

09.02.2024

¶1Heard Mr. K.U. Ahmed, learned counsel for the petitioner and Mr. S. Dutta, learned Standing Counsel, P&RD Department for the respondent nos.1 to 5.

¶2The petitioner's case is that pursuant to a Tender Notice dated 06.05.2023 Page No.# 3/4 issued by the Barhampur Anchalik Panchayat, the petitioner submitted his bid for settlement of the Barhampur Weekly Market (hereinafter referred to as "the Market"). The petitioner's bid value of Rs.8,11,111/- was rejected by the Bid Evaluation Committee, on the ground that the petitioner's Land Valuation Certificate showed the valuation of the petitioner's land at Rs.6,51,703/-, which was less than the bid value submitted by the petitioner.

¶3The petitioner is aggrieved by the settlement of the Market with the respondent no.6, whose bid value was lesser than the petitioner's bid value. The bid value of the respondent no.6 was Rs.7,80,000/-.

¶4Clause 14 of the Tender Notice dated 06.05.2023 requires tenderers to submit Land Valuation Certificates, wherein the value of the land in the Land Valuation Certificate is to be the value of the tender, thereby implying that the valuation of the land in the Land Valuation Certificate cannot be less than the bid value submitted by the bidder. In the present case, the petitioner's land valuation being lesser than his bid amount, this Court does not find any infirmity with the decision of the respondents to disqualify the petitioner's bid. As the petitioner's bid has been disqualified due to not complying with Clause 14 of the Tender Notice, there is no violation of petitioner's enforceable rights. As the petitioner is not qualified to be settled with the tender, he can have no right to make a challenge to the settlement of the tender with another tenderer, as he is not an aggrieved person in terms of Ayaaubkhan Noorkhan Pathan vs. State of Maharashtra and Others, reported in (2013) 4 SCC 465.

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¶5In view of the reasons stated above, there being no merit in the present writ petition, the writ petition stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010172032023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4491/2023o PRADIPoCHANDRAoBORAo S/O-oAMBURAMoBORA,o VILL-oMAJPUTONI,o P.O-POTANIoGUMUTHAoGAON,o P.S-oNAGAON,oDIST-oNAGAON,oASSAM,oPIN-782002 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENToDISPUR,o GUWAHATI-o781006. 2:THEoNAGAONoZILLAoPARISHAD oREP.oBYoTHEoCHIEFoEXECUTIVEoOFFICER oNAGAONoZILLAoPARISHAD oP.Oo P.SoANDoDIST-oNAGAON oASSAM oPIN-782001 3:THEoCHIEFoEXECUTIVEoOFFICER oNAGAONoZILLAoPARISHAD oP.O oP.SoANDoDISToNAGAON oASSAM oPIN-782001 4:BARHAMPURoANCHALIKoPANCHAYAT oREPoBYoTHEoEXECUTIVEoOFFICER oP.O-oBARHAMPUR o Page No.# 2/4 P.S- NAGAON DIST- NAGAON ASSAM PIN-782102 5:THE EXECUTIVE OFFICER BARHAMPUR ANCHALIK PANCHAYAT P.O- BARHAMPUR P.S- NAGAON DIST- NAGAON ASSAM PIN-782102 6:PRASANTA BORA S/O- BISHNU RAM BORA VILL- NO-1 GHOGAR GAON P.O- BARHAMPUR P.S- NAGAON DIST- NAGAON ASSAM PIN-78210 Advocate for the Petitioner : MR. M K HUSSAIN Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA