WP(C) 4537/2016. Gauhati High Court
| Case Number | WP(C) 4537/2016 |
| Judgement Date | February 15, 2018 |
| Court | Gauhati High Court |
District: Dibrugarh, Assam.
- Versus -
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The State of Assam, represented by the Principal Secretary to the Government of Assam, Urban Development Department, Dispur, Guwahati-6.
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The Director of Municipal Administration, Assam, Dispur, Guwahati-6, Assam.
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The Dibrugarh Municipal Board, Dibrugarh, Represented by its Chairperson, Dibrugarh, Assam.
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The Chairperson, Dibrugarh Municipal Board, Dibrugarh, Assam.
…….. Respondents
For the petitioner : Mr. A.K. Gupta, Advocate.
For respondent Nos.1 and 2 : Mr. T. C. Chutia, Government Advocate,
For respondent Nos. 3 and 4 : Mr. U.K. Das, Advocate.
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WRIT PETITION (C) NO.4537 OF 2016
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Shri Ratul Ch. Kalita,
Son of Late Bapai Kalita,
Resident of Rupnagar, Near TV Centre,
PO: CR Building, District: Dibrugarh, Assam.
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Shri Bidyut Kr. Gogoi,
Son of Taranath Gogoi,
Resident of PWD Colony,
PO, PS & District: Dibrugarh, Assam.
WP(C) No.4350/2016 & WP(C) No.4537/2016 Page 1 of 8
…….. Petitioner
,
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Shri Abhijit Gogoi,
Son of Binod Gogoi,
Resident of Mancotta,
PO, CR Building, District: Dibrugarh, Assam.
- Versus -
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The State of Assam, represented by the Principal Secretary to the Government of Assam, Urban Development Department, Dispur, Guwahati-6.
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The Director of Municipal Administration, Assam, Dispur, Guwahati-6, Assam.
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The Dibrugarh Municipal Board, Dibrugarh, represented by its Chairperson, Dibrugarh, Assam.
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The Chairperson, Dibrugarh Municipal Board, Dibrugarh, Assam.
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The District Magistrate, Dibrugarh,
District: Dibrugarh, Assam.
…….. Respondents
For the petitioners : Mr. P.J. Saikia, Advocate.
For respondent Nos. 3 and 4 : Mr. U.K. Das, Advocate.
For respondent No.1, 2 and 5 : Mr. T. C. Chutia, Government Advocate.
B E F O R E
HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI
Date of hearing : 24th January, 2017.
Date of Judgment & Order : 15th February, 2017.
WP(C) No.4350/2016 & WP(C) No.4537/2016 Page 2 of 8
…….. Petitioner
,
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Both the writ petitions are in relation to settlement of parking lots under the Board but filed with somewhat different dimensions. These two writ petitions were taken up for disposal analogously and are now being disposed of by this common judgment.
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The case projected by the petitioner in WP(C) No.4350/ 2016 is that the petitioner was interested to submit tender for one of the parking places under the Board and he did come across a Notice I nviting Tender (NI T) issued by the Chairperson of the Board,
i.e. the respondent No.4, on 22.07.2016 in a daily newspaper, namely, “Dainik Janambhumi”. The NI T was issued for settlement of 11(eleven) numbers of parking lots fixing 27.07.2016 as the last date of submission as well as opening of tenders. I n the NI T, it is mentioned that tender papers would be issued from 21.07.2016 to 25.07.2016. On going through the detail particulars, it was noticed that the intending tenderers were to submit up to date I ncome Tax Clearance Certificate and Pan Card, Bakijai Clearance Certificate from the District Administration, Financial Soundness Certificate from any nationalised bank and the earnest money in the form of Bank Draft in favour of the Executive Officer of the Board. I t is contended by the petitioner that 23.07.2016 and
24.07.2016 were holidays being fourth Saturday and Sunday, respectively, and, therefore, it was not reasonably practicable to obtain all...
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