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Gauhati High Court
Pradip Kumar Namo Das vs The State Of Assam And 4 Ors on 16 December, 2025
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GAHC010278522025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/404/2025
PRADIP KUMAR NAMO DAS
SON OF LATE GAGEN NAMO DAS, R/O VILLAGE BUDUCHAR
JAYANTIPUR, DALGOMA, MATIA, GOALPARA, ASSAM
VERSUS
1.THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI 6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM PANJAABARI JURIPAR GUWAHATI 37
3:THE PRESIDENT
GOALPARA ZILLA PARISHAD
GOALPARA ASSAM
4:THE CHIEF EXECUTIVE OFFICER GOALPARA
ZILLA PARISHAD GOALPARA ASSAM
5:SARASWATI NAMO DAS
W/O BATACHU NAMO DAS
VILLAGE BUDUCHAR DALGOMA MATIA
GOALPARA ASSAM PIN 78312
For the Appellant(s) : Mr. H.R.A. Choudhury, Senior Advocate assisted by Mr. F.U.
Borbhuiya, Advocate.
For the Respondent(s) : Mr. A. Roshid, Advocate for respondent No.5.
: Mr. R. Majumdar, Advocate.
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-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
16.12.2025
(Ashutosh Kumar, CJ)
We have heard Mr. H.R.A. Choudhury, learned Senior
Advocate for the appellant, who has questioned the judgment dated
28.11.2025 passed by a learned Single Judge of this Court in WP(C)
No.4371/2025, whereby the appellant's challenge to the settlement of
Buduchar Daily Market to a re-tender was not interfered with.
The necessary facts for disposal of this appeal would be that a
tender process was initiated vide Notice Inviting Tender (NIT) dated
05.06.2025 for the period 2025-2026 with respect to Buduchar Daily
Market. The appellant and one Smt. Minati Kaybarta had participated in
the bid process.
The contention of the appellant is that in that tender, Smt.
Minati Kaybarta was technically not qualified and, therefore, in all its
probability, he would have been selected. However, the entire tender
process was cancelled and a fresh tender was floated on 25.07.2025 with
respect to various markets including the Buduchar Daily Market.
The appellant had questioned the re-tender.
The learned Single Judge, however, found that there was no
fault with the authorities in putting the settlement of Buduchar Daily
Market to re-tender as none of the participants in the earlier tender were
found to be technically qualified. The disqualification of the appellant
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was on the ground of his not having furnished the Bakijai certificate and
PAN Card, which, according to the appellant, were not necessary
documents to be uploaded with the tender papers.
Be that as it may, considering the fact that every tenderer was
declared to be technically unresponsive and the settlement of the
market was put to re-tender, the Court granted leave to the appellant to
apply in the re-tender afresh, which he chose not to.
The re-tender was settled in favour of respondent No.5.
Mr. H.R.A. Choudhury, learned Senior Advocate for the
appellant submits that assuming that the two missing documents from his
tender papers, viz. Bakijai Certificate and the PAN card, were necessary
documents for consideration of the case of a tenderer, the appellant
ought to have been noticed as that was only a curable defect and for
that reason alone, the entire tender ought not to be cancelled.
We do not consider such ground to be any valid ground for
interfering with the judgment of the learned Single Judge, specially for
the reasons that the re-tender has taken place where the appellant
chose not to participate and presently the tenure of the tender is left for
6(six) months only.
Finding no merit in this appeal, we dismiss the same but with no
order as to costs.
JUDGE CHIEF JUSTICE
Comparing Assistant
