Gauhati High Court
Muruli Das vs The State Of Assam And 3 Ors on 30 September, 2021
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GAHC010146542021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4740/2021
MURULI DAS
S/O LATE LITESWAR DAS, R/O OLD CHALK BAZAR ROAD, WARD NO. 3,
P.O. AND P.S.-SIVASAGAR, DIST-SIVASAGR, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, URBAN DEVELOPMENT DEPARTMENT, ASSAM
SACHIVALAYA, DISPUR, GUWAHATI-781006, ASSAM
2:THE DIRECTOR
MUNICIPAL ADMINISTRATION
DISPUR
GUWAHATI-6
ASSAM
3:THE SIVASAGAR MUNICIPAL BOARD
A.T. ROAD
WARD NO. 9
P.O.-SIVASAGAR
DIST- SIVASAGAR
ASSAM
PIN-785640 REPRESENTED BY ITS CHAIRMAN
4:THE EXECUTIVE OFFICER
SIVASAGAR MUNICIPAL BOARD
A.T. ROAD
WARD NO. 9
P.O.-SIVASGAR
DIST-SIVASAGAR
ASSAM
PIN-78564
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Advocate for the Petitioner : MR. P BORA
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
30.09.2021
Heard Mr. P. Bora, learned counsel appearing for the petitioner and Ms. M. Barman,
learned Government Advocate, Assam for the respondent Nos.1 and 2. Also heard Mr. T. J.
Mahanta, learned senior counsel assisted by Mr. P.P. Dutta, learned counsel for the
respondent Nos.3 and 4.
Pursuant to the order of the Court dated 24.09.2021, Sivasagar Municipal Board and its
Executive Officer, respondent Nos.3 and 4 have filed their affidavit in the matter serving a
copy of the same on the counsel for the petitioner in his Whatsapp as he is presently out of
station. It is also seen that copy of the said affidavit filed by those respondents, has been
served on the other counsel for the petitioner on 28.09.2021.
Petitioner is aggrieved as the respondent No.3, Sivasagar Municipal Board issued re-
tender notice on 25.08.2021 for Sivasagar Central Market under the said Municipal Board for
a period of 6(six) months with effect from 01.10.2021 upto 31.03.2022, specifying its value at
Rs.51,75,375/-.
Petitioner contended that prior to the impugned re-tender notice dated 25.08.2021,
the respondent, Sivasagar Municipal Board on 20.07.2021 issued a tender for the same
market for a period of 8(eight) months, i.e. from 01.08.2021 to 31.03.2022 wherein the
petitioner submitted his bid and the respondent, Sivasagar Municipal Board opened the
financial bids of the bidders participated in the same, including that of the petitioner.
It is stated by Mr. P. Borah, learned counsel for the petitioner that once the financial
bids are opened and the rates quoted by the bidders are known, the respondent, Sivasagar
Municipal Board cannot issue a re-tender notice for the same market again. With regard to
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that, Mr. Bora, learned counsel for the petitioner relied upon a judgment of a Division Bench
of this Court in the case of S. Ali and Another Vs. Union of India and Others, reported in
(1995) 1 GLR 127 as well as Pani Ram Kalita Vs. State of Assam and Others, reported in
(2009) 6 GLR 687.
It is contended by Mr. T. J. Mahanta, learned senior counsel for the respondent Nos.3
and 4 that for Central Market of Sivasagar, earlier a tender was issued on 10.05.2021 for a
period of 9 ½ months, i.e. from 15.06.2021 to 31.03.2022, out of the 8(eight) bidders
participated in said tender process 3 (three) of the highest bidders withdrew their bids for
which the said tender process issue on 10.05.2021 had to be cancelled. Subsequent to that
the respondent Municipal Board on 20.07.2021 issued the second tender for the same market
for a period of 8(eight) months from 01.08.2021 to 31.03.2022 where the petitioner along
with others, participated. But as their bid value was much less than the bid amount of
Rs.69,500/-, said tender was also cancelled, and thereafter, respondent Municipal Board
issued the impugned re-tender dated 25.08.2021 for the same market for a period of 6(six)
months. To that extent, Mr. T. J. Mahanta, learned senior counsel appearing for the
respondent, Sivasagar Municipal Board placing the NIT dated 20.07.2021 of the respondent
Sivasagar Municipal Board submitted before the Court that the bidders were asked to deposit
earnest money at the rate of 2% at the bid value of Rs.69,00,500/- for settlement of said
Central Market of Sivasagar Municipal Board for a period of 8(eight) months and at the rate of
1% for the bidders from schedule caste and schedule tribe communities. In the affidavit filed
by the respondent, Sivasagar Municipal Board clarified that the bidders, pursuant to the said
NIT dated 20.07.2021, submitted much lesser bid value like Rs.24,100/- by the petitioner;
Rs.22,652/- by one Anupal Das and Rs.18,500/- by one Boby Kakoti Deka and since such bid
values were much less than the rate fixed by the respondent, Sivasagar Municipal Board at
Rs.69,00,500/- it had no option but to cancelled the said NIT dated 20.07.2021 and to issue
the impugned re-tender notice for the same market for a period of 6(six) months from
01.10.2021 to 31.03.2022.
Mr. P. Bora, learned counsel appearing for the petitioner submits that the petitioner
shall file a reply to the affidavit of the respondent, Sivasagar Municipal Board filed in the
matter. Mr. Borah, learned counsel for the petitioner has also pointed out that for the period
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of 6(six) months from 01.10.2021 to 31.03.2022 for the said market the bid value has been
fixed at Rs.51,75,375/- as one of its terms and conditions whereas no such specification was
there, particularly in the terms and conditions of the previous NIT issued by the respondent,
Sivasagar Municipal Board on 20.07.2021.
The petitioner is allowed to submit his reply in the matter on or before 08.10.2021 by
serving a copy of the same to the learned counsels for the respondents.
List on 26.10.2021.
Considering the entire aspect of the matter, the respondents in the Sivasagar Municipal
Board are allowed to process with the impugned re-tender Notice issued under Memo
No.S.M.B./53/2021-2022/2895-2902 dated 25.08.2021 (Annexure-X to this writ petition)
regarding settlement of Central Market of the said Municipal Board, but it is made clear that
any such settlement made in terms of the said re-tender dated 25.08.2021, shall be subject
to the outcome of this writ petition.
JUDGE
Comparing Assistant
