Page No.# 1/6 GAHC010262172025 2025:GAU-AS:16363 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6736/2025 ARFA FOODS AND BEVARAGE PRIVATE LIMITED ADD BATARASHI BAZAR, KARIMGANJ, DHOROKUNA, SRIBHUMI, ASSAM, 788712 REPRESENTED BY ITS DIRECTOR SAHABUL ISLAM CHOUDHARY VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED, DISPUR, GUWAHATI 781006 2:MANAGING DIRECTOR ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED MRD ROAD BAMUNIMAIDAM GUWAHATI KAMRUP METRO 3:THE GENERAL MANAGER ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED MRD ROAD BAMUNIMAIDAM GUWAHATI KAMRUP METR Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. K.N. Choudhury, Sr. Advocate Mr. T. Deuri, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. Govt. Advocate Mr. S. Das, Advocate Date on which judgment was reserved : NA Date of pronouncement of judgment : 01.12.2025 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. K.N. Choudhury, the learned Senior Counsel assisted by Mr. T. Deuri, the learned counsel appearing on behalf of the petitioner. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent No. 1 and Mr. S. Das, the learned counsel appears on behalf of the respondent Nos. 2 and 3. 2. Taking into account the issues involved, this Court issues Rule making it returnable forthwith. 3. The material facts of the present case are that an auction notice Page No.# 3/6 was issued on 12.02.2025 for leasing out a plot of land admeasuring 1892 square meters at the Food Processing Park, Chaygaon at village Paneri in the district of Kamrup, Assam. The petitioner herein participated in the said auction process and was issued a Letter of Intent on 17.03.2025. Unfortunately, on account of certain natural calamities, the ailment of the wife of one of the Directors and another Director of the petitioner company being under medical treatment, the payment as directed in the Letter of Intent dated 17.03.2025 could not be made by the petitioner. Consequently, on 05.08.2025, the Letter of Intent was cancelled by the respondent No. 3. 4. The petitioner thereupon submitted representations on various occasions thereby informing the authorities that the said payments would be made forthwith. However, the same was not considered. By the communication dated 15.10.2025, the respondent No. 3 categorically opined that the petitioner's representation could not be reconsidered. It is under such circumstances, the petitioner has approached this Court seeking a direction that the Respondent Authorities should reconsider the matter, taking into account that the petitioner is willing to perform its obligations in terms of the Letter of Intent dated 17.03.2025. 5. Mr. S. Das, the learned counsel appearing on behalf of the respondent Nos. 2 and 3 submitted that in the meantime, an Auction Page No.# 4/6 Bid Notice dated 07.11.2025 has been issued in respect to various plots of land, including the plot of land wherein the petitioner was earlier issued the Letter of Intent. Mr. S. Das, the learned counsel also furnished a copy of the Auction Bid Notice dated 07.11.2025 before this Court which is kept on record and marked with the letter “X”. 6. This Court while hearing the parties enquired with Mr. S. Das, the learned counsel appearing on behalf of the respondent Nos. 2 and 3, as to whether, the cancellation of the Letter of Intent dated 17.03.2025 vide the communication dated 05.08.2025 would prejudice the petitioner, if the petitioner submits the bid in respect to the Auction Bid Notice dated 07.11.2025. 7. Mr. S. Das, the learned counsel appearing on behalf of the respondent Nos. 2 and 3 submitted that the auction bids in terms with the Auction Notice dated 07.11.2025 shall be evaluated on their own merits without taking into consideration the fact that the petitioner’s Letter of Intent dated 17.03.2025 was cancelled vide the communication dated 05.08.2025. 8. This Court also finds it relevant to observe that a perusal of the Letter of Intent dated 17.03.2025 would show that the Letter of Intent was conditional inasmuch as the petitioner herein was required to perform certain obligations prior to the contract coming into existence. As admittedly, the petitioner failed to perform its Page No.# 5/6 obligations, the petitioner had no vested right to be entitled for a mandamus directing the respondents to reconsider their decision for allowing the petitioner to perform its obligations as per the Letter of Intent dated 17.03.2025. Under such circumstances, this Court is not inclined to issue direction to the respondents to reconsider the representation submitted by the petitioner in respect to the Letter of Intent dated 17.03.2025 and the cancellation of the same vide the communication dated 05.08.2025. 9. The materials on record as well as the submission of the learned counsel for the respondent Nos. 2 and 3 show that the said respondents have already issued an Auction Notice dated 07.11.2025 in respect to the same plot of land along with other plots of land. It is also the stand of the respondents that if the petitioner submits its bid the same shall be duly considered. It is therefore the opinion of this Court that if the petitioner submits its bid in pursuance to the Auction Notice dated 07.11.2025, the same be considered without being influenced by the cancellation of the Letter of Intent dated 17.03.2025. 10. Considering the above, this Court, therefore, disposes of the instant writ petition with the following observations and directions: (i) This Court is not inclined to pass any direction for reconsideration of the case of the petitioner in respect to the Page No.# 6/6 cancellation of the Letter of Intent dated 17.03.2025 vide the communication dated 05.08.2025. (ii) The petitioner would be at liberty to submit its bid in pursuant to the Auction Bid Notice dated 07.11.2025 and the stipulation contained therein. (iii) It is observed and directed that the Respondent Authorities shall consider the bid if submitted by the petitioner in terms with the Auction Bid Notice dated 07.11.2025 without being influenced by the fact that the petitioner was earlier issued the Letter of Intent dated 17.03.2025 and the same was cancelled vide the communication dated 05.08.2025. (iv) No costs. JUDGE Comparing Assistant