Gautam Baniya v. The State of Assam and 5 Ors

ORDER

24.09.2024

¶1Heard Mr. M. Biswas, learned counsel for the petitioner, who submits that the petitioner had participated in the NIT dated 24.07.2024, for grant of IMFL Retail Off licence in the District of Lakhimpur for Shop No.LKP8, located at Narayanpur Town. The grievance of the petitioner is that despite the Technical Bid of the respondent no.6 being defective, the Technical Bid of the respondent no.6 has been declared to be responsive by the authorities. He submits that the Technical Bid of the respondent no.6 should be declared unresponsive and the Financial Bid of the respondent no.6 should not be opened. He also submits that the respondent authorities have completely ignored the mandatory requirements required of a bidder in respect of the respondent no.6, by allowing the Technical Bid of the respondent no.6 to pass the Technical Bid Evaluation Stage, in the absence of relevant documents and information to be provided by a bidder.

¶2The petitioner's counsel submits that due to paucity of time and the fact that the Financial Bid of the bidders is to be opened shortly, he did not file any representation prior to approaching this Court.

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¶3Mr. R.R. Gogoi, learned counsel for the Excise Department submits that the petitioner should have first approached the respondent authorities, with a representation regarding his grievance. He submits that as the petitioner has not approached the respondent authorities, the present writ petition can be disposed of with a direction to the petitioner to submit a representation to the State respondents, which will be disposed of by the respondent authorities within a specified time period.

¶4Mr. M. Biswas, learned counsel for the petitioner submits that he has got no objection to the proposal set-forth by Mr. R.R. Gogoi, learned counsel for the Excise Department.

¶5In view of the consent of the parties, this writ petition is disposed of, with liberty being given to the petitioner to submit a representation with regard to his grievance to the respondent no.3, within a period of 3 (three) days from today. Thereafter the respondent no.3 shall take a decision on the petitioner's representation within a further period of one week and communicate the decision to the petitioner. Till a decision is taken by the respondent no.3, status quo with regard to the NIT dated 24.07.2024 shall be maintained.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010200832024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4971/2024o GAUTAMoBANIYAo S/O-oRAMACHANDRAoBANIYA,o R/O-oJALBHARIA,oMERAMUKH,o P.OoANDoP.S-oMERAMUKH,oDIST-oLAKHIMPUR,oPIN-784164,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oEXCISEoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoSUPERINTENDENToOFoEXCISE oLAKHIMPUR oASSAM 3:THEoDISTRICToCOMMISSIONER oLAKHIMPUR oASSAM 4:THEoADDL.DISTRICToCOMMISSIONER oEXCISE oLAKHIMPUR 5:FINANCEoANDoACCOUNTSoOFFICER oDCoOFFICE oLAKHIMPUR 6:BIJOYoKRISHNAoGOGOI oS/O-oSURENoGOGOI oR/O-oDHALPUR oLAKHIMPUR oPIN-78416o Page No.# 2/3 Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,J SINGPHO Advocate for the Respondent : SC, EXCISE DEPTT., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA