Hemanta Basumatary v. The Bodoland Territorial Council and 5 Ors

ORDER

23.10.2024 Heard Mr. R. Dhar, learned counsel for the petitioner and Ms. R.B. Borah, learned counsel for the BTC.

¶2The petitioner's case is that the petitioner had participated in the NIT dated 06.06.2024, for settlement of the Athiabari (Bi-weekly) market. Though the petitioner's bid amount had been approved by the Market Settlement Committee, as his bid amount was the highest, the respondents have approved the settlement of the said market with the respondent No. 6, whose bid amount was less than the petitioner's bid amount.

¶3The petitioner's counsel submits that as the petitioner's bid was the highest, the biweekly market has to be settled with the petitioner. Page No.# 3/3

¶4Ms. R.B. Borah, learned counsel has submitted an office order dated

23.09.2024 issued by the respondent No.5, which is to the effect that the respondent No.6 has been directed not to collect toll fee of the said market and the responsibility of collection of the toll fee would be operated by the Assistant BDO and Sri Dimbeswar Barman, Gram Sevak until further order. Ms. R.B. Borah submits that no final decision has been taken by the State respondents in pursuance to the selection process conducted under the NIT dated 06.06.2024.

¶5I have heard the learned counsels for the parties.

¶6Keeping in view the fact that the bids of the bidders pursuant to the NIT dated 06.06.2024 have been opened, it is incumbent on the part of the State respondents to select the successful bidder to operate the above market.

¶7Accordingly, the respondent Nos. 2 & 3 are directed to conclude the selection process pursuant to the NIT dated 06.06.2024 and settle the Athiabari (Bi-weekly) market with the successful tenderer, within a period of 3(three) weeks from the date of receipt of a certified copy of this order.

¶8The office order dated 23.09.2024 is made a part of the record and marked as Annexure-X.

¶9The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010192942024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4823/2024o HEMANTAoBASUMATARYo S/OoSRIoJATHIoRAMoBASUMATARY,oVILLAGEoNARAYANPUR,oPOo NARAYANPUR,oPSoMUSHALPUR,oDISToBAKSA,oBTC,oASSAM VERSUSo THEoBODOLANDoTERRITORIALoCOUNCILoANDo5oORSo REP.oBYoTHEoPRINCIPALoSECRETARY,oBTC,oPOoANDoDISToKOKRAJHAR,o ASSAM 2:THEoCOUNCILoHEADoOFoDEPARTMENT oMARKETSoANoFAIRS oBTC oKOKRAJHAR 3:THEoSECRETARY oMARKEToANDoFAIRoDEPARTMENT oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oASSAM 4:THEoJOINToSECRETARY oMARKEToANDoFAIRoDEPARTMENT oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oASSAM 5:THEoBLOCKoDEVELOPMENToOFFICER oBAKSAoDEVELOPMENToBLOCK oBAKSA Page No.# 2/3 DIST BAKSA BTC ASSAM 6:RATAN BORO S/O JAMBA BORO RESIDENT OF VILLAGE ALOGJAR PO BARAMA PS BARAMA DIST BAKSA ASSA Advocate for the Petitioner : MR R DHAR, MRS. A BASUMATARY,MR B C MUCHAHARY,J DAS Advocate for the Respondent : SC, BTC, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA