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2025 DAILYLAW 9849 (GAU)

MONOJ CHETRY v. THE STATE OF ASSAM

WP(C)/1702/2025 · 2025-04-07

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010063962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1702/2025 MONOJ CHETRY S/O- LATE RUDRA BAHADUR CHETRY, R/O- CHANDMARI, WARD NO. 19, PO TEZPUR, DIST SONITPUR ASSAM VERSUS THE STATE OF ASSAM COMM AND SECY EXCISE DEPTT, GOVT OF ASSAM, DISPUR, JANATA BHAWAN, GHY- 06 2:THE COMMISSIONER OF EXCISE HOUSEFED COMPLEX BELTOLA ROAD GUWAHATI 781006 3:THE SUPERINTENDENT OF EXCISE SONITPUR DISTRICT MAHABHAIRAB MAHATMA GANDHI ROAD TEZPUR SONITPUR ASSAM 784001 4:THE DISTRICT COMMISSIONER SONITPUR DISTRICT MAHABHAIRAB MAHATMA GANDHI ROAD TEZPUR SONITPUR ASSAM 78400 Page No.# 2/3 Advocate for the Petitioner : MS P DEVI, MR P R SARMA Advocate for the Respondent : GA, ASSAM, SC, EXCISE DEPTT. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 08.04 .2025 Heard Mr. P.R. Sarma, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Excise Department and Mr. M. Chetia, learned Junior Government Advocate, State of Assam. This writ petition is filed by the petitioner seeking a direction to the respondent authorities to proceed with the tender process which was initiated vide E-Bid Notice dated 12.01.2024 initiated by the Superintendent of Excise, Sonitpur District. The petitioner is one of the intending tenderers and has submitted his bid along with Earnest Money Deposits to the tune of Rs.5,00,000/-. However, in spite of the bids being submitted by intending bidders including that of the petitioner, the respondent authorities did not proceed with the tender process. No information was forthcoming from the respondent as to when the bid process would be initiated. Being aggrieved he has filed the present writ petition. Although notice was not issued in this matter the respondents had filed their objection where there is an averment that the bid process was halted because of certain complaints which were received by the respondent authorities. Page No.# 3/3 After enquiries were made by the respondent authorities, these complaints have been found to be baseless and most of the applications including the petitioner’s application are found to be in compliance prevailing rules and norms for granting IMFL OFF license. In view of such averments being made by the respondent No.3 in the affidavit, there is no further reason expressed by the respondent authorities which reveal any hurdle for conclusion of the tender process initiated and for issuance of settlement of the tender. In view of the averments made by the respondent No.3, the writ petition stands closed permitting the respondent authorities to proceed for settlement of the tender process subject to adherence to the procedure prescribed by law including rules for settlement. Accordingly the writ petition stands closed in terms of the above directions. The respondents will complete the tender process within a period of 90 days from the date of receipt of certified copy of this order, failing which the Earnest Money Deposit (EMD) shall be refunded to the petitioner and other intending tenderers. JUDGE Comparing Assistant