Page No.# 1/3 GAHC010057842019 2025:GAU-AS:797 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1827/2019 AKHTAR HUSSAIN S/O. HASIRAT ALI, R/O. UZAN BAZAR ISLAM PATTY, GUWAHATI-781001, P.O. UZAN BAZAR, DIST. KAMRUP (M), ASSAM. VERSUS THE GUWAHATI MUNICIPAL CORPN. GUWAHATI-781001, KAMRUP (M), ASSAM REP. BY THE COMMISSIONER. Advocate for the Petitioner : MR. S KATAKI, MR. A N CHOWDHURY,MR R M DAS,MS. R DUTTA Advocate for the Respondent : SC, GMC, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.01.2025 Heard Mr. S. Kataki, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel appearing for the GMC. Page No.# 2/3 The challenge made in the present proceeding is to an order dated 04.03.2019, passed by the Commissioner, Guwahati Municipal Corporation (GMC), Guwahati, terminating the lease as granted to the petitioner for operating the goat market for the year 2018-2019; i.e. w.e.f. 05.07.2018 to 31.03.2019 on the ground that he had defaulted in depositing 3rd and 4th installment of the Kisht money. Mr. S. Kataki, learned counsel for the petitioner, at the outset, had submitted that the petitioner in the present proceeding is not assailing the forfeiture of 50% advance amount as deposited by the petitioner as well as the 2% earnest money so deposited by him at the time of execution of the agreement for the purpose. He submits that he is limiting the challenge in the present proceeding to the blacklisting, of the petitioner which has the effect of debarring the petitioner from participating in any tenders issued by the GMC for all times to come. Mr. S. Bora, learned counsel for the petitioner, in view of the undertaking given by the petitioner that he would not be assailing the forfeiture of the amounts deposited by the petitioner at the time of execution of the agreement and is limiting the challenge only to the part by which the petitioner was blacklisted, submits that this Court may limit the blacklisting so effected in respect of the petitioner for a reasonable period of time. In view of the agreement reached by parties to the proceeding, this Court while not interfering with the order dated 04.03.2019, provides that the blacklisting so effected in respect of the petitioner shall be effective only till today i.e., 27.01.2025. The petitioner would be now eligible to participate in further tender processes initiated by the GMC authorities and the order dated 04.03.2019, shall not be act as a bar. With the above observations and directions, the writ petition stands disposed Page No.# 3/3 of. JUDGE Comparing Assistant