All Assam Police Housing Corporation Contractor Association and Anr v. The State of Assam and Ors

PageoNo.#o1/3 GAHC010030852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/62/2024o

1.oALLoASSAMoPOLICEoHOUSINGoCORPORATIONoCONTRACTORo ASSOCIATIONoANDoANR,o HAVINGoITSoREGISTEREDoADDRESSoAToASSAMoPOLICEoHOUSINGo CORPORATIONoLIMITEDoHEADoQUARTER,oMADHABDEBPUR,oP.O.o REHABARI,oP.S.oPALTANoBAZAR,oGUWAHATI,oKAMRUPo(METRO),oASSAM,o PIN-o781008,oREPRESENTEDoBYoITSoSECRETARY,oSRIoSIMANTAoJYOTIo BORUAH 2:oSRIoSIMANTAoJYOTIoBORUAH oSECRETARYoOFoALLoASSAMoPOLICEoHOUSINGoCORPORATIONo CONTRACTORSoASSOCIATION oSONoOFoSRIoTOSHENoBORUAH oRESIDENToOFoA-201,oSUBHAMoENCLAVE oLAKHIMINAGAR,oHATIGAONoROAD oGUWAHATI,oKAMRUPo(M),oASSAM,oPIN-o78103o VERSUSo

1.oTHEoSTATEoOFoASSAMoANDoORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oHOMEoANDoPOLITICALoDEPARTMENT,oDISPUR, GUWAHATI-o781006,oASSAM 2:THEoPRINCIPALoSECRETARY oGOVERNMENToOFoASSAM oHOMEoANDoPOLITICALoDEPARTMENT oASSAMoSACHIVALAYA,oDISPUR oGUWAHATI-o781006,oASSAM 3:THEoASSAMoPOLICEoHOUSINGoCORPORATIONoLIMITED oMADHABDEBPUR oP.O.oREHABARI,oP.S.oPALTANoBAZAR oGUWAHATI-o781008,oASSAM oREPRESENTEDoBYoITSoCHAIRMAN Page No.# 2/3 4:THE MANAGING DIRECTOR ASSAM POLICE HOUSING CORPORATION LIMITED MADHABDEBPUR P.O. REHABARI, P.S. PALTAN BAZAR GUWAHATI-781008, ASSAM 5:THE CHIEF ENGINEER, ASSAM POLICE HOUSING CORPORATION LIMITED MADHABDEBPUR, P.O. REHABARI, P.S. PALTAN BAZAR GUWAHATI-781008, ASSAM For the Appellant(s) : Mr. K.N. Choudhury, Senior Advocate assisted by Mr. P. Bharadwaj, Advocate. For the Respondent(s) : Mr. D.K. Sarma, Additional Senior Government Advocate for respondent Nos.1 & 2.

: Mr. S. Bora and Mr. A. Ganguly, Advocates for respondent Nos.3, 4 & 5. – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM

22.02.2024 (Vijay Bishnoi, CJ)

This intra-Court appeal is filed by the appellants being aggrieved with the judgment dated 19.01.2024 passed by the learned Single Judge in WP(C) No.5944/2023, whereby the writ petition filed by the appellants challenging the additional qualification regarding the experience as mentioned in Clause 2.2.2.4 of the bid document issued by the Assam Police Housing Corporation Limited, has been dismissed. Mr. K.N. Choudhury, learned Senior counsel appearing for the appellants has submitted that earlier the PWD Department has not insisted for the additional qualification regarding experience from the eligible contractors and later on, the Page No.# 3/3 Assam Police Housing Corporation Limited has also issued an NIT wherein the condition of additional qualification regarding the experience on Engineering, Procurement and Construction (EPC) mode has not been incorporated. Learned senior counsel for the appellants has also submitted that in view of the subsequent developments, the appellants want to withdraw this appeal with liberty to file a representation to the Assam Police Housing Corporation Limited with a prayer to relax the condition of experience on EPC mode in regard to the 4(four) packages for which no bid was filed by any contractor. Mr. D.K. Sarma, learned Additional Senior Government Advocate, Assam appearing for the State and Mr. S. Bora, learned counsel appearing for the Assam State Housing Corporation Limited have no objection if, while granting permission to the appellants to withdraw the appeal, the said liberty is granted. In view of above, this writ appeal is dismissed as withdrawn with liberty to the appellants to move appropriate representation with a prayer for relaxing the condition of additional criteria as mentioned in Clause 2.2.2.4 of the bid document in question in respect of the 4(four) packages wherein no bid was filed on behalf of any contractor. It is expected that if any such representation is filed on behalf of the appellants, the Assam Police Housing Corporation Limited shall consider the same expeditiously and objectively. JUDGE CHIEF JUSTICE

Comparing Assistant