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. Page No.# 4/5 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 Page No.# 5/5 petition, for which, the instant writ petition stands dismissed. 6. Interim order(s), if any, stands vacated. JUDGE Comparing Assistant