Page No.# 1/4 vs The State Of Assam And 3 Ors
2025 Latest Caselaw 8788 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 3 Ors on 21 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/4

GAHC010203952024




                                                         2025:GAU-AS:16039

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C)/5172/2024

         UTTAM KUMAR DEB
         S/O- LATE NIRMAL KANTI DEB,
         R/O- RAILWAY QTR NO DS/17 (H),
         PANBAZAR RAILWAY COLONY,
         P.O AND P.S- PANBAZAR, DIST- KAMRUP(M), ASSAM

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVT.
         OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-781006,
         ASSAM.

         2:THE MANAGING DIRECTOR
         ASTC
          PALTAN BAZAR
          PARIBAHAN BHABAN
          GUWAHATI- 781008
         ASSAM.

         3:BISWAJIT SARMA
          S/O- LATE PRABIN SARMA
         R/O- KHARGHULI
          BANKOWAR NAGAR
          H.NO-29
          NEAR RAJ BHAWAN
         P.O- UZANBAZAR
         DIST-KAMRUP
          METRO
         ASSAM

         4:KANAK BORO
          R/O- KACHARI BASTI
          P.O- ULUBARI
                                                                        Page No.# 2/4

           DIST- KAMRUP METRO
           ASSA

                                   BEFORE
           HONOURABLE MR. JUSTICE DEVASHIS BARUAH

Advocate for the petitioner (s)     : Ms. P. Borah, Advocate

Advocate for the respondent (s)    : Ms. M. D. Borah, SC, Transport
                                     Mr. A. Chamuah, Advocate
                                     Mr. P. Baruah, Advocate

  Date on which judgment is reserved        : NA

  Date of pronouncement of judgment          : 21.11.2025

  Whether the pronouncement is of the
  Operative part of the judgment?            : NA

  Whether the full judgment has been
  Pronounced?                                : Yes

                      JUDGMENT AND ORDER (ORAL)

Heard Ms. P. Borah, the learned counsel appearing on behalf of the petitioner. Ms. M. D. Borah, the learned counsel appears on behalf of the respondent No.1; Mr. A. Chamuah, the learned counsel appears on behalf of the respondent No.2 and Ms. P. Baruah, the learned counsel appears on behalf of the respondent Nos.3 & 4.

2. The petitioner herein has challenged the letter No.ASTC/CE/ISBT/GHY/2016/1066 dated 12.09.2024 issued by the Managing Director, Assam State Transport Corporation Page No.# 3/4

whereby the respondent Nos.3 & 4 were allowed to run the Toilet Blocks (Gents and Ladies) in the western side of ISBT, Betkuchi without any tender process.

3. It is seen that pursuant to the notices being issued, an instruction was placed on 10.11.2025 before this Court wherein it was mentioned that when it was brought to the attention of the Managing Director of the ASTC that the said renewal so granted in favour of respondent Nos.3 & 4 was without any tender process, steps were taken for cancellation of the impugned order and the said authority was also deciding to float tender in accordance with the prevailing Rules and Guidelines for operation of the Toilet Blocks and complete the tender process within 45 days from 31.10.2025.

4. Taking into account the said instruction which was placed before this Court on 10.11.2025, this Court directed the Managing Director of the Assam State Transport Corporation to bring on record such stand by filing an affidavit before 19.11.2025. In terms of the said directions, an affidavit has been filed by the Managing Director of the Assam State Transport Corporation on 18.11.2025. In the said affidavit, more particularly at paragraph No.3, the submission which was made on 10.11.2025 has been duly incorporated and it was also mentioned that vide an order dated 07.11.2025, the impugned Page No.# 4/4

order has been cancelled and a fresh NIT has been issued through the GeM portal. It was also mentioned that the auction process shall be finalized by 15.12.2025. Paragraph No.3 of the said affidavit being relevant is reproduced herein under:-

"3. That of late, the matter has been brought to the notice of the

Corporation after the filing of the instant case. As such, the competent authority of the Corporation, vide its order dated 07.11.2025, has immediately cancelled the latest renewal allotment order and issued an NIT (Reference No.ASTC/CE/ISBT- Guwahati/2016/1066) through the GeM (Government e- Marketplace) portal, an online platform for public procurement of goods and services in India. It is stated that the auction process shall be finalized by 15 December 2025."

5. Considering the above, as the impugned order has already been cancelled and steps have been taken to settle the Toilet Blocks in question by way of a tender process, nothing further remains in the writ petition.

6. Accordingly, the instant writ petition stands closed.

JUDGE

Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2025.11.27 17:27:01 +05'30'

Comparing Assistant