Gauhati High Court

WP(C)/3564/2026 of ABDUS SAMAD Vs THE STATE OF ASSAM AND 2 ORS on 23 August 2026

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GAHC010179682026 2026:GAU-AS:12286 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3564/2026 ABDUS SAMAD S/O LT. AFJAL HUSSAIN WARD NO. 2 TOWN ABHAYAPURI P.S ABHAYAPURI DIST- BONGAIGAON ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED

GAHC010179682026

2026:GAU-AS:12286

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3564/2026

ABDUS SAMAD

S/O LT. AFJAL HUSSAIN

WARD NO. 2

TOWN ABHAYAPURI

P.S ABHAYAPURI

DIST- BONGAIGAON

ASSAM.

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM

TRANSPORT DEPARTMENT

ASSAM

DISPUR

GUWAHATI-6.

2:THE DIRECTOR OF INLAND WATER TRANSPORT

ASSAM

ULUBARI

GUWAHATI-07.

3:THE EXECUTIVE ENGINEER

INLAND WATER TRANSPORT

ASSAM

ULUBARI

GUWAHATI- 07.

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For the Petitioner(s) : Mr. P. Rahman, Advocate For the Respondent(s) : Ms. M. D. Borah, Standing Counsel BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 24.08.2026

Heard Mr. P. Rahman, the learned counsel appearing on behalf of the Petitioner and Ms. M. D. Borah, the learned Standing counsel appearing on behalf of all the Respondents.

2. The present writ petition has been filed challenging the Minutes of the Tender Committee Meeting held on 19.06.2026 in the Office Chamber of the Managing Director, AIWCF whereby it was decided that insofar as the Boraichala Ferry Service, the tender committee had recommended re-tendering.

3. The question which arises in the instant writ petition as to whether this Court should entertain the present dispute taking into account that the Tender Committee having found that there was only one valid bidder for the Boraichala Ferry Service recommended re-tendering.

4. This Court has duly perused the Minutes of the Tender Committee Meeting held on 19.06.2026 and from a perusal of the said Minutes of the Tender Committee Meeting, it is seen that in respect to various ferry services which were tendered, wherever there was a single valid bidder, the tender committee took the decision to recommend re-tendering. This aspect can be seen in respect to the Chutiagaon Dimburchar Ferry Service, Dhubri South Salamara Ferry Service, Dhubri Joleswar Ferry Service, Boraichala Ferry Service, Adabari – Sialmari - Kurihamari Ferry Service and various other ferry services in question. Under such circumstances, it cannot be said that the action on the part of the Respondents to recommend re- tendering is without any reason. It cannot also be said that the action on the part of the Respondents to go for re-tendering in respect to Boraichala Ferry Service suffers from vested interest.

5. Under such circumstances, it is the opinion of this Court that there is no merit in challenging the Minutes of the Tender Committee Meeting dated 19.06.2026 for which the writ petition stands dismissed.

6. Before parting with the records, this Court however observes that the dismissal of the instant writ petition shall not preclude or prejudice the Petitioner to apply pursuant to a fresh tender notice being issued in respect to the Boraichala Ferry Service in question.

7. Interim orders passed if any, stands vacated.

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