Court rules petitioners lack locus standi and finds no merit in claims against tender process for Balisatra Half-weekly market.
In a significant decision, the Gauhati High Court, presided over by Justice Devashis Baruah, dismissed a writ petition filed by Shri Hementa Kumar Nath and another petitioner, challenging the tender settlement process for the Balisatra Half-weekly market. The petitioners alleged that the tender granted to respondent No.5 was contrary to the stipulated terms of the tender notice, specifically Clause 12, and the Assam Panchayat (Financial) Rules, 2002.
The contention revolved around the interpretation of Clause 12 of the Tender Notice and Rule 47(1) of the Assam Panchayat (Financial) Rules, 2002. Petitioners argued that the settlement should have been between the average settlement value of the past three years and a 10% increase thereof. The Court, however, clarified that neither the tender notice nor the rules mandated a lowest viable rate, only placing a cap on the upper limit of bid values.
The petitioners did not participate in the tender process, assuming the settlement value would be higher than what was eventually accepted. The Court observed that the petitioners lacked the locus standi to challenge the settlement as they failed to engage in the bidding process and were deemed interlopers without standing.
Justice Baruah emphasized that the continuation notice issued alongside the original tender notice did not alter the terms but merely reaffirmed the bidding limits. The Court concluded that the petitioners' arguments were misconceived and dismissed the writ petition, reaffirming the settlement in favor of respondent No.5 at a significantly lower bid value than the petitioners anticipated.
Bottom Line:
Tender process - Interpretation of Clause 12 of Tender Notice and Rule 47(1) of the Assam Panchayat (Financial) Rules, 2002 - Petitioners lacked locus to challenge the bid settlement as they did not participate in the tender process.
Statutory provision(s): Assam Panchayat (Financial) Rules, 2002, Clause 12 of the Tender Notice, Rule 47(1) of the Assam Panchayat (Financial) Rules, 2002.
Shri Hementa Kumar Nath v. State of Assam, (Gauhati) : Law Finder Doc id # 2814410
