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Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 28 November, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010171912025
2025:GAU-AS:16479
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4586/2025
MUKUT MEDHI
S/O LATE KAMALA KANTA MEDHI
VILL. AND P.O. SIMLITOLA
P.S. RANGJULI
DIST. GOALPARA
ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPTT.
DISPUR
GUWAHATI 6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
PANJABARI
JURIPAR
GUWAHATI 37
3:THE PRESIDENT
GOALPARA ZILA PARISHAD
GOALPARA
ASSAM.
4:THE CHIEF EXECUTIVE OFFICER
GOALPARA ZILLA PARISHAD
Page No.# 2/5
GOALPARA
ASSAM
5:ABDUL MOTINUR RAHMAN
S/O LT. AMZAD ALI
VILL. GORAMARI
P.O. SUTARPARA
P.S. MATIA
DIST- GOALPARA
ASSAM
PIN-783125
------------
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
Page No.# 3/5
learned counsel appears on behalf of the respondent No. 5.
2. The present writ petition has been filed by the petitioner
challenging the cancellation of the tender process initiated vide the
Notice Inviting Tender (for short, "NIT") dated 05.06.2025 for the
period 2025-26 in respect to the Sutarpara Pashuhat and further
seeking quashing of the re-NIT dated 25.07.2025 issued by the Chief
Executive Officer, Goalpara Zilla Parishad in respect to the Sutarpara
Pashuhat. It is the case of the petitioner that pursuant to the NIT
dated 05.06.2025, the petitioner along with 2 (two) others
participated in the said tender process. In the evaluation so carried
out, it was found that the petitioner was the sole responsive bidder.
However, the Respondent Authorities cancelled the said tender
possess in respect to the Sutarpara Pashuhat and issued a fresh NIT
dated 25.07.2025 for various Hats including the Sutarpara Pashuhat.
The petitioner thereupon participated in the fresh tender process for
the Sutarpara Pasuhat initiated by the re-NIT dated 25.07.2025. After
submission of the Bid, prior to 06.08.2025, the petitioner has
approached this Court by filing the writ petition on 01.08.2025
challenging the cancellation of the tender process in respect to the
Sutarpara Pashuhat initiated on the basis of the NIT dated 05.06.2025
and the initiation of a fresh tender process in respect to the said
Sutarpara Pashuhat vide the NIT dated 25.07.2025.
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3. The act on the part of the petitioner to have participated in the
said re-NIT dated 25.07.2025 in the opinion of this Court acts as an
estoppel against the petitioner to question the decision of the
Respondent Authorities to cancel the tender process in respect to the
Sutarpara Pashuhat initiated vide the NIT dated 05.06.2025. It is also
seen that during the pendency of the instant writ petition, the tender
process initiated vide the re-NIT dated 25.07.2025 progressed and the
petitioner was evaluated as the second highest bidder. The petitioner
now seeks that the tender process initiated vide re-NIT dated
25.07.2025 should be nullified and the respondents now should be
directed to grant the settlement to the petitioner as per the NIT dated
05.06.2025.
4. It is the opinion of this Court that the petitioner cannot be
permitted to challenge the cancellation of the tender process initiated
vide the NIT dated 05.06.2025 in respect to the Sutarpara Pashuhat in
view of the conduct of the petitioner inasmuch as the petitioner
having submitted the bid pursuant to the fresh tender process vide
the re-NIT dated 25.07.2025 in respect to Sutarpara Pashuhat is
estopped by the Rule of estoppel and waiver to challenge the
cancellation of the tender process initiated vide the NIT dated
05.06.2025.
5. Accordingly, this Court, does not find any merit in the instant writ
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petition, for which, the instant writ petition stands dismissed.
6. Interim order(s), if any, stands vacated.
JUDGE
Comparing Assistant
