Page No.# 1/4 GAHC010227942025 2025:GAU-AS:16921 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6302/2025 ROFIQUL ISLAM S/O- LATE ROHIZ UDDIN, VILL.- SATRA MOINBARI, P.O. MOINBORI, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GUWAHATI-37. 3:THE CHIEF EXECUTIVE OFFICER BARPETA ZILLA PARISHAD BARPETA ASSAM PIN- 781301. 4:THE EXECUTIVE OFFICER KALGACHIA ANCHALIK PANCHAYAT KALGACHIA DIST. BARPETA ASSAM PIN- 781319. 5:THE SECRETARY Page No.# 2/4 51 NO. MOINBARI GAON PANCHAYAT MOINBARI P.O. MOINBARI DIST. BARPETA ASSAM PIN- 781321. 6:MD. ASIR UDDIN S/O- AYNAL HOQUE VILL. SATRA MOINBARI P.O. MOINBARI P.S. KALGACHIA DIST. BARPETA ASSAM PIN- 781321 For the Petitioner(s) : Mr. S.S. Ahmed, Advocate For the Respondent(s) : Ms. N. Borah, Standing Counsel Mr. B. Haldar, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 08.12.2025 Heard Mr. S.S. Ahmed, the learned counsel appearing on behalf of the petitioner and Ms. N. Borah, the learned Standing Counsel appearing on behalf of the P&RD Department. Mr. B. Haldar, the learned counsel appears on behalf of the respondent No. 6. 2. The petitioner herein has approached this Court alleging that the Respondent Authorities have not complied with Clause 13(Ka) of the Notice Inviting Tender dated 26.05.2025 wherein it is stipulated that when bidders quote the same rate, the right to Page No.# 3/4 settlement would be decided on the basis of a lottery process. It is the case of the petitioner that both the petitioner as well as the respondent No. 6 had quoted an amount of Rs. 34,650/-, however, the Respondent Authorities granted the settlement in favour of the respondent No. 6. 3. Pursuant to the notice being issued by this Court on 07.11.2025, Ms. N. Borah, the learned Standing Counsel, P&RD Department has produced before this Court a set of instructions dated 05.12.2025 issued by the Secretary, 51 No. Moinbori Gaon Panchayat wherein it is being mentioned that although the petitioner quoted Rs. 34,650/-, but did not submit the criminal antecedent certificate from the local police station as is required in Clause 18 of the NIT. This Court has duly taken note of the said instructions and has also perused the comparative statements. The said instructions as well as the comparative statements are kept on record and marked with the letter “X”. 4. Taking into account the above, and as the petitioner has not submitted the mandatory criminal antecedent certificate, it is therefore the opinion of this Court that the petitioner cannot claim any consideration in terms with Clause 13(Ka) of the Notice Inviting Tender dated 26.05.2025. 5. Accordingly, this Court does not find any merit in the instant Page No.# 4/4 writ petition, for which, the instant writ petition stands dismissed. JUDGE Comparing Assistant