JUDGMENT : Heard Mr. H. Ali, learned counsel for the petitioner and Mr. N.K. Debnath, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 2 & 3. 2. By this writ petition instituted under Article 226 of the Constitution of India, the petitioner has assailed the action on the part of the respondent authorities in the Panchayat and Rural Development Department in not refunding the security amount deposited by the petitioner pursuant to a Notice of Acceptance of Tender dated 15.09.2021 offering settlement of a ghat named Sawarachora Pathar Ghat, pursuant to a competitive bidding process initiated for the same by a Tender Notice dated 11.05.2021. The petitioner is also aggrieved by non-disposal of a Representation dated 26.05.2022 stated to have been submitted by the petitioner before the Chief Executive Officer, Barpeta Zilla Parishad [the respondent no. 3]. 3. By the Tender Notice dated 11.05.2021 published by Rupshi Anchalik Panchayat, District – Barpeta, sealed bids were invited from interested bidders for settlement of a number of markets/ghats/fisheries within its jurisdiction for the Panchayat Financial Year : 2021 – 2022 and for the period from 01.07.2021 to 30.06.2022. As per the Tender Notice, the last date of submission of bids was up to 02-00 p.m., 24.06.2021. Amongst the ghats sought to be settled vide the Tender Notice dated 11.05.2021 was a ghat named Sawarachora Pathar Ghat under Chikni Gaon Panchayat. In the Tender Notice, the yearly sale value for Sawarachora Pathar Ghat [hereinafter also referred to as ‘the Ghat’, for easy reference at places] was fixed at Rs.48,025/-and the earnest money required to be deposited by a bidder was fixed at Rs.4,803/-. 4. In response to the Tender Notice, 9 [nine] nos. of bidders including the petitioner, had submitted their bids quoting different bid values. The names of the bidders including their bid values, in descending orders, were as follows : Sl. No. Name of the bidders Bid value offered 1. Kouchar Alom Khan Rs.35,50,050.00 2. Pradeep Das Rs.10,80,000.00 3. Jaher Ali Rs.7,77,770.99 4. Hazarat Ali Rs.4,95,000.00 5. Mokaddes Ali Rs.3,85,505.00 6. Nurul Islam [the petitioner] Rs.2,95,000.00 7. Shukur Ali Rs.2,69,005.00 8. Abdullah Rs.1,71,551.00 9. Ashraf Ali Rs.1,00,000.00 5. After receipt of the bids from the participant bidders, the General Standing Committee of the Anchalik Panchayat opened the bids of all the bidders. Pradeep Das Rs.10,80,000.00 3. Jaher Ali Rs.7,77,770.99 4. Hazarat Ali Rs.4,95,000.00 5. Mokaddes Ali Rs.3,85,505.00 6. Nurul Islam [the petitioner] Rs.2,95,000.00 7. Shukur Ali Rs.2,69,005.00 8. Abdullah Rs.1,71,551.00 9. Ashraf Ali Rs.1,00,000.00 5. After receipt of the bids from the participant bidders, the General Standing Committee of the Anchalik Panchayat opened the bids of all the bidders. Thereafter, the General Standing Committee of the Anchalik Panchayat examined the tender papers and recorded their comments in respect of the bids in a Comparative Statement prepared for the purpose, as mandated by Rule 47[7] of the Assam Panchayat [Financial] Rules, 2002. 6. The learned Standing Counsel, Panchayat and Rural Development Department has produced the records of settlement in original including the Comparative Statement prepared by the General Standing Committee of Rupshi Anchalik Panchayat. 7. The General Standing Committee of Rupshi Anchalik Panchayat forwarded the tender papers along with the Comparative Statement recording its comments at relevant places therein, to the office of Barpeta Zilla Parishad in terms of the provisions of Section 109[6] of the Assam Panchayat Act, 1994, as amended, for consideration of the General Standing Committee of Barpeta Zilla Parishad as the bid values of the purportedly highest valid bidder was found to be above ?1,00,000/-. After receipt of the tender papers along with the Comparative Statement, the General Standing Committee of Barpeta Zilla Parishad evaluated the bids and after such evaluation, the General Standing Committee decided to settle the Ghat, that is, Sawarachora Pathar Ghat in favour of the highest bidder in terms of Clause 10 of the Tender Notice dated 11.05.2021. 8. From the records of settlement, it has emerged that on 31.07.2021, a Notice of Acceptance of Tender for settlement of the Ghat was issued by the Chief Executive Officer, Barpeta Zilla Parishad [the respondent no. 8. From the records of settlement, it has emerged that on 31.07.2021, a Notice of Acceptance of Tender for settlement of the Ghat was issued by the Chief Executive Officer, Barpeta Zilla Parishad [the respondent no. 3] offering the settlement of Sawarachora Pathar Ghat to Sri Kouchar Alom Khan, who had offered the highest bid value of Rs.35,50,050/-with a direction to him to furnish the requisite documents mentioned in Clause 22, Clause 23 and Clause 24 of the Tender Notice and to deposit the security amount @ 30% of the bid value plus 1st installment amount @ 20% of the bid value within a period of 7 [seven] days from the date of issue of the Notice of Acceptance of Tender, with the observation that in the event of failure to furnish the requisite documents and to deposit the amounts within the stipulated time period of 7 [seven] days, the offer for settlement of the Ghat would be cancelled with forfeiture of earnest money and the settlement would be offered to the next highest bidder. After failure of Sri Kouchar Alom Khan to comply with the conditions incorporated in the Notice of Acceptance of Tender dated 31.07.2021, the same kind of Notices of Acceptance of Tender were issued to the bidders, viz. [i] Sri Pradeep Das on 08.08.2021; [ii] Sri Jaher Ali on 18.08.2021; [iii] Sri Hazrat Ali on 31.08.2021; and [iv] Sri Nurul Islam [the petitioner] on 15.09.2021; at their respective bid values. The records of settlement also contain two letters from Sri Hazrat Ali and Sri Mokaddes Ali, both dated 08.11.2021, by which they expressed that they had withdrawn their bids. 9. From the records, it has emerged that when the petitioner was offered the settlement of the Ghat, that is, Sawarachora Pathar Ghat by the Notice of Acceptance of Tender dated 15.09.2021 with a further direction to furnish the requisite documents and to deposit the security amount of 30% of bid value @ Rs. 82,500/-and 1st installment amount @ 20% of bid value i.e. Rs.55,000/-, the petitioner did not deposit the security amount at 30% of the bid value @ Rs.82,500/-within the stipulated time period of 7 [seven] days from 15.09.2021. The records of settlement reveals that the petitioner deposited the amount of Rs.82,500/-only on 15.11.2021. 82,500/-and 1st installment amount @ 20% of bid value i.e. Rs.55,000/-, the petitioner did not deposit the security amount at 30% of the bid value @ Rs.82,500/-within the stipulated time period of 7 [seven] days from 15.09.2021. The records of settlement reveals that the petitioner deposited the amount of Rs.82,500/-only on 15.11.2021. Thus, it is clear that the petitioner failed to adhere to the condition to deposit the security amount, as per the Notice of Acceptance of Tender dated 15.09.2021. 10. The respondent no. 2 and the respondent no. 3 in the counter affidavit have averred that when asked by the Notice of Acceptance of Tender dated 15.09.2021, the petitioner failed to submit the up-to-date documents mentioned in Clause 22, Clause 23 and Clause 24 of the Tender Notice like boat registration certificate, latest fitness certificate of boat, insurance of boat and passengers, etc. within the stipulated period of 7 [seven] days from 15.09.2021. It is asserted that the petitioner did not submit those documents at the time of submission of the bid. 11. Clause 10 of the Tender Notice mentioned that the bid mentioning the highest bid amount for any market/ghat/fishery would be accepted for consideration and if it was found that the bidder of the highest bid amount had not submitted the necessary documents [except Court Fee and Earnest Fee], then the said bidder would be given 3 [three] days’ time for submission of the same and if he/she fails to submit the necessary documents within the said stipulated time period of 3 days, his bid would be rejected and his earnest money would be forfeited and the bid of the bidder of next highest bidder would be considered for the settlement, subject to the same terms and conditions. 12. In view of the condition incorporated in Clause 10 of the Tender Notice and failure on the part of the petitioner to furnish the requisite documents, as asked for by the Notice of Acceptance of Tender dated 15.09.2021, within the stipulated time period, the same would entail cancellation of his bid and also forfeiture of the earnest money deposited by him with his bid. 13. In this connection, it is apposite to refer to Rule 47[11] and Rule 47[13] of the Assam Panchayat [Financial] Rules, 2002. 13. In this connection, it is apposite to refer to Rule 47[11] and Rule 47[13] of the Assam Panchayat [Financial] Rules, 2002. Rule 47[11] and Rule 47[13] of the Assam Panchayat [Financial] Rules, 2002 read as under : [11] On acceptance of the tender, the Panchayat concerned shall inform the selected tenderers concerned requiring the tenderers to submit within seven days from the date of issuing the acceptance letter to – [i] Deposit with the Panchayat concerned not less than thirty percent of his quoted amount in his tender as security. The amount of security shall be recorded in the Register in Form No. 12 and accept a duly stamped lease in a Form as specified in Annexure-8 of the Schedule of these rules; [ii] The Panchayat concerned shall provide the Form of lease and stamps papers at the concerned lessee's cost. [13] Failure of the tenderer to comply with the condition set forth in subclause [11] [i], [ii] shall result in forfeiture of his earnest money deposited in concerned Panchayat's Fund. 14. From a conjoint reading of Rule 47[11] and Rule 47[13] of the Assam Panchayat [Financial] Rules, 2002, it is clear that after acceptance of the bid of a bidder, the settling authority in the concerned Anchalik Panchayat / Zilla Parishad, as the case may be, shall have to inform the selected bidder by an acceptance letter to him to [i] deposit not less than 30% of his offered bid value as security amount; and [ii] to execute a lease deed in duly stamped paper, within 7 [seven] days from the date of issuance of Notice of Acceptance to him. Clause 47[13] has laid down that in the event of failure on the part of the bidder to comply with the condition set forth in Rule 47[11], the same would result in forfeiture of his earnest money deposited at the time of submitting his bid. Other than the forfeiture of the earnest money, neither the Tender Notice nor any rules of the Assam Panchayat [Financial] Rules, 2002 has envisaged forfeiture of the security amount, if any, deposited by a bidder on receipt of the offer of settlement in terms of Rule 47[11] of the Assam Panchayat [Financial] Rules, 2002. Other than the forfeiture of the earnest money, neither the Tender Notice nor any rules of the Assam Panchayat [Financial] Rules, 2002 has envisaged forfeiture of the security amount, if any, deposited by a bidder on receipt of the offer of settlement in terms of Rule 47[11] of the Assam Panchayat [Financial] Rules, 2002. The Notice of Acceptance of Tender dated 15.09.2021 had also mentioned that in the event of failure on the part of the petitioner to furnish the requisite documents, mentioned therein, and deposit the security amount and 1st installment amount, mentioned therein, the offer for the settlement would be cancelled along with the forfeiture of the earnest money only and it did not mention that any security amount to be deposited by the petitioner would be forfeited if the petitioner fails to fulfill the conditions therein within a period of 7 [seven] days. The stand taken by the respondent nos. 2 and 3 in the counter affidavit is to the effect that due to failure on the part of the petitioner to comply with the conditions incorporated in the Notice of Acceptance of Tender dated 15.09.2021, the security amount wound stand forfeited by the Zilla Parishad is not sustainable in law. Such forfeiture was neither authorized by of the provisions of the Assam Panchayat Act, 1994, as amended, nor of the Assam Panchayat [Financial] Rules, 2002, nor by any of the terms and conditions of the Tender Notice dated 11.05.2021. In such view of the matter, other than the earnest money deposited by the petitioner, any other amount retained by the respondent Rupshi Anchalik Panchayat / Barpeta Zilla Parishad is unauthorized in law and the same are required to be returned to the petitioner, who failed to fulfill the conditions stipulated by the Notice of Acceptance of Tender dated 15.09.2021 issued by the issued by the Chief Executive Officer, Barpeta Zilla Parishad [the respondent no. 3] offering the settlement of Sawarachora Pathar Ghat to the petitioner. 15. In view of the discussion made above and for the reason cited herein, the writ petition stands allowed to the extent indicated above. 3] offering the settlement of Sawarachora Pathar Ghat to the petitioner. 15. In view of the discussion made above and for the reason cited herein, the writ petition stands allowed to the extent indicated above. As a corollary, the respondent Rupshi Anchalik Panchayat / Barpeta Zilla Parishad shall refund the amount deposited by the petitioner in terms of the Notice of Acceptance dated 15.09.2022 within a period of 4 [four] weeks from the date of receipt of a certified copy of this order from the petitioner at the office of the respondent no. 2. There shall, however, be no order as to cost.