[Cites 1, Cited by 0]
Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 4 Ors on 28 November, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/7
GAHC010171912025
2025:GAU-AS:16479
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4371/2025
PRADIP KUMAR NAMO DAS
S/OI LT GAGEN NAMO DAS VILL BUDUCHAR JAYANTIPUR PO DALGOMA
PS MATIA DIST GOALPARA ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPTT DISPUR GUWAHATI 6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPTT ASSAM PANJABARI
JURIPAR GUWAHATGI 37
3:TRHE PRESIDENT
GOALPARA ZILA PARISHAD GOALPARA ASSAM
4:THE CHIEF EXECUTIVE OFFICER
GOALPARA ZILLA PARISHAD GOALPARA ASSAM
5:SARASWATI NAMO DAS
W/O BATACHU NAMO DAS
VILL. BUDUCHAR
P.O. DALGOMA
P.S. MATIA
DIST- GOALPARA
ASSAM
PIN-78312
Page No.# 2/7
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. A.M. Khan, Advocate
For the Respondent(s) : Mr. S. Dutta, Standing Counsel
Mr. R. Majumdar, Advocate
Date on which judgment was reserved : NA
Date of pronouncement of judgment : 28.11.2025
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 Mr. A.M. Khan, the learned counsel appearing on behalf of
the petitioner. Mr. S. Dutta, the learned Standing Counsel appears on
behalf of the respondent Nos. 1, 2 and 4 and Mr. R. Majumdar, the
learned counsel appears on behalf of the respondent No. 5.
2. The petitioner herein has assailed the actions on the part of the
Respondent Authorities in canceling the tender process initiated vide
the Notice Inviting Tender (for short, "NIT") dated 05.06.2025 for the
period 2025-26 in respect to Buduchar Daily Market as well as the
issuance of the re-NIT dated 25.07.2025 in respect to the said market.
3. The materials on record reveal that on 05.06.2025, the Chief
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Executive Officer of the Goalpara Zilla Parishad issued a Notice
Inviting Tender for settlement of various Hats including the Buduchar
Daily Market. Pursuant to the said tender notice, the petitioner along
with another bidder namely one Smt. Minati Kaybarta participated in
the bid process for the Buduchar Daily Market. It is the case of the
petitioner that the bid submitted by the other bidder namely Smt.
Minati Kaybarta was not technically responsive and as such the
petitioner ought to have been granted the settlement in respect to the
Buduchar Daily Market. However, the Respondent Authorities
cancelled the tender process initiated vide NIT dated 05.06.2025 and
floated a fresh tender on 25.07.2025 in respect to various markets
including the Buduchar Daily Market. It is under such circumstances,
the petitioner has approached this Court by filing the present writ
petition.
4. The record reveals that this Court vide an order dated
04.08.2025 issued notice and upon considering the materials placed
at the time of moving the writ petition passed an interim direction
that the respondent Nos. 1, 2 and 4 would be at liberty to proceed
with the tender process initiated vide NIT dated 25.07.2025, but,
however shall not finalize its decision in respect to the Buduchar Daily
Market till the next date. This Court further vide the order dated
04.08.2025 permitted the petitioner to participate in the said retender
process initiated vide the NIT dated 25.07.2025 without prejudice to
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the present proceedings.
It is an admitted fact that the petitioner did not participate in the
said retender process.
5. Be that as it may, in the meantime, the respondent No. 5 was
evaluated as the bidder entitled to settlement in terms with the re-NIT
dated 25.07.2025 for the Buduchar Daily Market. Under such
circumstances, the respondent No. 5 in view of the interim order
operating, filed application seeking impleadment in the instant
proceedings. The learned Coordinate Bench of this Court vide an
order dated 17.09.2025 impleaded the respondent No. 5 as a party to
the instant proceedings.
6. Taking into account that an interim was in operation, this Court
vide an order dated 19.11.2025 fixed the instant writ petition for
disposal on 25.11.2025.
7. On the said date, when the matter was taken up and the records
were perused, it revealed that the reason for going for fresh tender in
respect to the Buduchar Daily Market pursuant to the NIT dated
05.06.2025 was on the ground that there were no responsive bidder
in respect to the Buduchar Daily Market as both the petitioner and
Smt. Minati Kaybarta were evaluated as not responsive. It is also seen
from the comparative statement that the petitioner was held to be not
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responsive on the ground of non-furnishing the PAN card and the
Bakijai Certificate. Under such circumstances, a question arose, as to
whether, the petitioner's bid was rightly held to be not responsive on
the ground that the petitioner had not submitted the Bakijai certificate
as well as the PAN card. It is relevant at this stage to observe that a
perusal of the tender documents enclosed to the writ petition did not
prime facie disclose the requirements of the Bakijai certificate or the
PAN card. Under such circumstances, this Court fixed the matter today
for obtaining instruction(s).
8. Mr. S. Dutta, the learned Standing Counsel appearing on behalf
of the P&RD department submitted that a perusal of the NIT dated
05.06.2025 and, more particularly, Clause 6 would show that every
bidder is required to submit the tender in the form supplied by the
Goalpara Zilla Parishad. He further submitted that this form is a part
of the tender document and as such, the petitioner ought to have
enclosed the said document along with the Notice Inviting Tender
while filing the instant writ petition. Be that as it may, the learned
Standing Counsel for the P&RD Department produced before this
Court the Form so submitted by the petitioner. A copy thereof has also
been provided to the learned counsel appearing on behalf of the
petitioner. The said form is kept on record and marked with the letter
"X".
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9. A perusal of the said Form reveals that various details were
required to be furnished along with certain documents. In terms with
Clause No. 9 of the said application Form, there is a requirement of
furnishing the PAN card number and at Clause No. 14, it is specifically
mentioned that the Bakijai certificate has to be enclosed.
10. Admittedly, the petitioner did not enclose the Bakijai certificate.
Under such circumstances, it is therefore the opinion of this Court that
the evaluation so carried out whereby the petitioner's bid was also
held to be not responsive for non-submission of the Bakijai certificate
cannot be faulted.
11. This Court further takes note of that the Respondent Authorities,
having found that there was no responsive bidder pursuant to the
Notice Inviting Tender dated 05.06.2025 in respect to the Buduchar
Daily market, decided to go for a fresh tender in respect to the said
Buduchar Daily Market along with other markets as would be seen
from the re-NIT dated 25.07.2025.
12. Considering the above aspects, it is therefore the opinion of this
Court that this is not a fit case for exercise of jurisdiction under Article
226 of the Constitution of India inasmuch as the actions on the part of
the respondents in cancelling the earlier tender process initiated vide
the NIT dated 05.06.2025 and further going for a fresh tender dated
25.07.2025 in respect to Buduchar Daily market do not in any manner
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violate the mandate of law.
13. Accordingly, the instant writ petition stands dismissed.
14. Interim order passed earlier stands vacated.
JUDGE
Comparing Assistant
