Abu Sayed Mondal v. The State of Assam and 8 Ors

ORDER

28.08.2024

¶1Heard Mr. D.A. Kaiyum, learned counsel for the petitioner, who submits Page No.# 3/4 that the respondent no.3 issued NIT dated 08.02.2024 for leasing out the Buduchar-Basantapur Ferry Service (Ferry Service in short) for the period 2024-2026. In response to the said NIT, the petitioner along with 12 other bidders submitted their bids. Instead of finalizing the NIT dated 08.02.2024, the respondent authorities issued a short Tender Notice dated 27.02.2024 for temporary settlement of the Ferry Service.

¶2The petitioner's counsel submits that the short Tender Notice dated

27.02.2024 was issued, as settlement of the Ferry Service on a regular basis in terms of the NIT dated 08.02.2024, could not be made by the State respondents.

¶3The petitioner's counsel submits that the petitioner is the 4th highest bidder pursuant to the NIT dated 08.02.2024. He submits that vide order dated

15.06.2024, the Ferry Service was settled with Raj Hussain Oja, as he was the highest bidder. However, Raj Hussain Oja surrendered his lease on the Ferry Service. Further, the petitioner came to learn that the 2nd and 3rd highest bidders were not interested in operating the Ferry Service. As the petitioner has now become the surviving highest bidder, the Ferry Service should be settled with the petitioner pursuant to the NIT dated 08.02.2024. In this respect, the petitioner has also submitted a representation dated 19.08.2024 to the respondent no.2, to allow him to operate the Ferry Service, as per his bid amount. However, no decision has been taken by the respondents till date. Instead, the Ferry Service has been settled for short periods on a temporary basis and as on date, the respondent no.9 has been made to operate the Ferry Page No.# 4/4 Service on a temporary basis till 31.08.2024, in terms of the Office Order No.444 dated 12.08.20214 issued by the respondent no.3.

¶4Ms. M.D. Borah, learned counsel for the Transport Department submits that the present writ petition can be disposed of, if a direction is issued to the Director, Inland Water Transport, Assam, to dispose of the petitioner's representation dated 19.08.2024, within a specified time period.

¶5Mr. D.A. Kaiyum submits that he has got no objection to the proposal made by the counsel for the Transport Department.

¶6In view of the consent of the parties, the Director, Inland Water Transport, Assam is directed to take a decision on the petitioner's representation dated

19.08.2024, within a period of 10 (ten) days from the date of receipt of a certified copy of this order. It is also directed that till a decision is taken by the Director, Inland Water Transport, Assam on the petitioner's representation dated

19.08.2024, temporary service of the Ferry Service should not be given to any other person beyond 31.08.2024.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010172062024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4348/2024o ABUoSAYEDoMONDALo S/O-oLATEoABDURoRAHMANoMONDAL,oVILLAGE-oABRARoBHITA,oP.O.-o BALARoBHITA,oP.S.oBAGUAN,oDISTRICT-oGOALPARA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o TRANSPORToDEPARTMENT,oDISPUR,oGUWAHATI-o781006 2:THEoDIRECTOR oINALNDoWATERoTRANSPORT oASSAM oULUBARI oGUWAHATI-o781007 3:THEoEXECUTIVEoENGINEER oINALNDoWATERoTRANSPORToDIVISION oULUBARI oGUWAHATI-o781007 4:THEoASSISTANToEXECUTIVEoENGINEER oIWToSUB-DIVISION oDHUBRI oP.O.oANDoDISTRICT-oDHUBRI oASSAM oPIN-o783301 5:THEoSECTIONALoOFFICER oBUDUCHAR-BASANTAPURoFERRYoSERVICE oIWToSUB-DIVISION oDHUBRI Page No.# 2/4 P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783301 6:SRI RAJ HUSSAIN OJA S/O- LATE SIRAJ MONDAL VILLAGE- MAMUDPUR PART-II P.O. DOLGUMA DISTRICT- GOALPARA ASSAM PIN- 783125 7:SRI ANOWAR HUSSAIN S/O- LATE ABDUL KAIYYUM VILLAGE- KARBALA P.O. AND DISTRICT- GOALPARA ASSAM PIN- 783101 8:SRI ABUL HUSSAIN S/O- LATE BASET ALI VILLAGE- BASANTAPUR P.O. DOLGUMA DISTRICT- GOALPARA ASSAM PIN- 783125 9:SRI MOTIYAR RAHMAN S/O- LATE MESER ALI VILLAGE- CHOYSIMANA P.O. KODOMTOLA DISTRICT- BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR. D A KAIYUM, MR. M S MONDAL Advocate for the Respondent : SC, IWT, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA