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Judgment
Heard Mr. P.J. Saikia, learned counsel for the petitioner and Mr. N. Goswami, learned Govt. Advocate appearing for the respondents.
By filing this writ petition under Article 226 of the Constitution of India, the petitioner, who is a society registered under the Societies Registration Act,
1869 has challenged the tender NIT No.MSA.2/2014/pt-I/114-118 dated 05.06.2021 issued by the Deputy Commissioner, Morigaon (respondent no.3)
for selection and appointment of handling and transport contractors for transportation of food-grains under NFSA-13 of Morigaon District for the year
2021-22 in two Tier system. The last date of submission of tender is fixed on 21.06.2021 and the technical bid is scheduled to be opened on
23.06.2021.
Referring to clause nos.2, 6, 9, 14, 15, 16 and 21 of the terms and conditions of bid, it is submitted that those conditions are having no nexus with the
object sought to be achieved by the respondents. It is submitted that the petitioner is an existing transport contractor for Nagaon District and is
otherwise qualified to participate in the tender process in question. However, it is submitted that owing to those clauses, the petitioner would be ousted
from bidding in the tender process. It is specifically pointed that there is no compulsion under any law in force to limit bidding only by the tenderers
having registered office in Morigaon District. It is also submitted that no bank would give a solvency certificate for a fixed amount and it is submitted
that the petitioner has a contract labour licence from the competent authority of Nagaon District and therefore, the petitioner cannot be compelled to
have another licence from other offices under the same Labour Commissionerate. It is also submitted that the vehicles of the petitioner are fitted with
GPS system through D.T.O. of another district and therefore, the petitioner is not required to have another GPS connectivity from the Office of the
D.T.O., Morigaon.
Let a notice returnable on 28.07.2021 be issued.
As the learned Govt. Advocate accepts notice on behalf of all the respondents, requisite additional copies of the writ petition may be furnished to him
within two days.
Having regard to the nature of grievance raised by the petitioner, specifically that in light of inter-district travel ban, it would not be possible for the
petitioner to obtain certificates from other districts, being a resident of Nagaon District and taking note of the nature of grievance raised in respect of
clause nos.2, 6, 9, 14, 15, 16 and 21 of the terms and conditions of tender, the Court is inclined to stay the NIT No.MSA.2/2014/pt-I/114-118 dated
05.06.2021 issued by the Deputy Commissioner, Morigaon (respondent no.3) till the next date of listing.
The petitioner is granted liberty to produce a downloaded copy of this order before the competent authority, who would be at liberty to verify the
correctness of the order from the website of the Court.
The Court is also inclined to grant liberty to the petitioner to apply for inter-district travel in the office of the Deputy Commissioner, Nagaon to obtain
requisite certificates as required for participating in the aforesaid NIT dated 05.06.2021, if so advised.
List on 28.07.2021.