Page No.# 1/5 GAHC010012442026 2026:GAU-AS:7880 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/573/2026 ISMAIL HUSSEN MONDAL SON OF- ABDUL RASHID MONDAL, RESIDENT OF - VILLAGE- DEWANERALGA, P.O.- SUKCHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY,GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,DISPUR, GUWAHATI-06. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT PANJABARI JURIPAR GUWAHATI-37. 3:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR AT HATSINGIMARI P.O. AND DIST.- SOUTH SALMARA MANKACHAR PIN - 783135. 4:THE CHIEF EXECUTIVE OFFICER ZILA PARISHAD SOUTH SALMARA MANKACHAR AT HATSINGIMARI P.O.- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 5:THE STANDING COMMITTEE OF BORAIRALGA GAON PANCHAYAT REPRESENTED BY ITS PRESIDENT MUNJELA KHATUN. Page No.# 2/5 C/O- SECRETARY BORAIRALGA GAON PANCHAYAT P.O.- SUKCHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783128 6:THE EXECUTIVE OFFICER CUM BLOCK DEVELOPMENT OFFICER FEKAMARI ANCHALIK PANCHAYAT P.O.- FEKAMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135. 7:THE SECRETARY OF BORAIR ALGA GAON PANCHAYAT P.O.- SUKCHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783128 8:MD. IMRAN ALI S/O- BAHAR UDDIN MIAH. VILL.- DEWANERALGA P.O.- SUKCHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783128 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR. RASHIDUL ISLAM Advocate for the Respondent : GA, ASSAM, N ISLAM(R8),MR. S. ALOM(R8),MR. S H ZAMAN(R8),MR. M A I HUSSAIN(R8),SC, P AND R.D. BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 05/06/2026 Heard Mr. M Khan, learned counsel for the petitioner. Also heard Mr. S Dutta, learned Standing counsel, P&RD Department, appearing for the Page No.# 3/5 respondent Nos. 1, 2, 4, 5, 6 & 7, Mr. M Chetia, learned Government Advocate, appearing for the respondent No. 3 and Mr. M A I Hussain, learned counsel for the respondent No. 8. 2. The challenge in the present writ petition to the decision arrived at by the Standing Committee of 25 No. Borairalga Gaon Panchayat to settle the Dewaneralga to Beparipara Shallow Ghat via Sukhhar for the year 2025-2026, w.e.f., 01.09.2025 to 30.06.2026 under Borairalga Gaon Panchayat with the respondent No. 8 and the consequential order issued in this connection on 01.09.2025. 3. The short question, which arises for consideration before this Court is with regard to the manner in which the selection of the eligible bidder was so carried out by the respondent authorities, for settlement of the Ghat in question, after both the petitioner as well as the respondent No. 8, who were found to be valid bidders, had quoted the same rate, i.e., Rs.8,690/-. 4. The materials brought on record revealed that the Standing Committee of Borairalga Gaon Panchayat in its meeting held on 27.08.2025, noticing the similar bid value submitted by the petitioner and the respondent No. 8, proceeded to select the respondent No. 8, by holding that he had submitted more documents along with his bid, than the petitioner, herein. 5. This Court has perused the said resolution and finds that from the comparative statement brought on record, it is seen that both the petitioner as well as the respondent No. 8, had submitted all requisite documents as mandated in the Tender and accordingly, the said Standing Committee could not have adopted a criteria for settlement of the Parghat in question, by only Page No.# 4/5 considering the number of documents attached to a Tender by a bidder. 6. This Court finds that the said procedure as adopted, to be not in conformity with the normal process required to be adopted for settlement of State largesee. Accordingly, the said procedure as adopted by the said Standing Committee stands interfered with. 7. The interference with the procedure adopted by the Standing Committee for selection of the successful bidder for settlement of the Parghat in question, would consequentially mean that the selection of the respondent No. 8 is also interfered with. 8. Accordingly, the selection and the consequential order dated 01.09.2025, settling the Parghat in question, in favour of the respondent No. 8 stand set aside. 9. Having set aside the said settlement effected in respect of the respondent No. 8, this Court directs the respondent authorities to settle the Parghat in question, by treating both the petitioner as well as the respondent No. 8 to be eligible bidders and by following a draw of lots, which would be so conducted in the presence of the petitioner and the respondent No. 8 and/or their representatives. The said draw of lots be held on or before 11.06.2026. Thereafter, the settlement be made in respect of the selected bidder, within a period of 3 (three) days thereafter, i.e., by 15.06.2026. 10. Mr. Dutta, learned Standing counsel, P&RD Department shall communicate the order passed by this Court to the respondents today. 11. Further, the petitioner shall also obtain a certified copy of this order and Page No.# 5/5 place the same before the Secretary of the concerned Gaon Panchayat, for compliance of the directions passed, hereinabove. 12. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant