M/S Rana Construction and Engineers Pvt Ltd v. The State of Assam and 3 Ors

ORDER

08.01.2024 Heard Shri RS Zaman, petitioner in person. Also heard Shri B. Gogoi, learned Standing Counsel, PWD. Shri Zaman has contended that though his earlier writ petitions were dismissed by this Court and such dismissal was upheld by Hon'ble Division Bench, he is trying to raise an issue of public interest by means of this writ petition. He has specifically contended that while the rates quoted by the petitioner was 17.86% below the prescribed rate, the tender has been granted to certain chosen persons whose rates is 9.97% above and therefore there is loss to the public exchequer. On the pointed query of this Court that the issue sought to be raised may be matters of dispute in a public interest litigation, Shri Zaman has submitted that the present writ petition has been filed pursuant to certain observations made by the Hon'ble Division Bench in the initial endeavour of the petitioner by filing a PIL being PIL No. 16/2023. Shri Gogoi, learned Standing Counsel, PWD, however, by referring to the order which have been annexed to the writ petition has submitted that no such liberty has been granted. On the other hand, he submits that the PIL was dismissed on withdrawal when the Hon'ble Division Bench wanted to impose cost upon the petitioner. Page No.# 3/3 Be that as it may, without any specific observation by the Hon'ble Division Bench, this Court will not be inclined to admit matters of this nature though according to the petitioner, it is connected with public interest. Accordingly, the writ petition is dismissed. The petitioner however may approach the Hon'ble Division Bench for necessary observations and renew his prayer. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010002552024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/54/2024o M/SoRANAoCONSTRUCTIONoANDoENGINEERSoPVToLTDo SURAJoCOMPLEX,oULUBARIoCHARIALI,oKAMRUPo(METRO),oGUWAHATI-o 781007,oASSAM,oREPRESENTEDoBYoONEoOFoITSoDIRECTOR,oRANAoSAIDURo ZAMAN,oAGEDoABOUTo51oYEARS,oSONoOFoALHAZoRAHMANoALI,o RESIDENToOFoHOUSEoNO.o62,oRAHMANoMANSION,oSOUTHoSARANIA,oP.O.-o ULUBARI,oDIST.-oKAMRUP(M),oASSAM,oGUWAHATI-7 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPUBLICoWORKSoROADSoDEPARTMENT,o DISPUR,oGUWAHATI-o781006 2:THEoCHIEFoENGINEER oPUBLICoWORKSoDEPARTMENTo(BORDERoROADS) oCHANDMARI oGUWAHATI oASSAM oPIN-o781003 3:THEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoRURALoDEVELOPMENT oRURALoCONNECTIVITYo(RC)oDIVISION oKRISHIoBHAVAN oNEWoDELHI-110001 4:NATIONALoRURALoINFRASTRUCTUREoDEVELOPMENToAGENCY oREPRESENTEDoBYoITSoDIRECTORoGENERAL oKRISHIoBHAWAN oNEWoDELHI-11000o Page No.# 2/3 Advocate for the Petitioner : PETITIONER IN PERSON Advocate for the Respondent : SC, PWD ROAD BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI