Md. Jiyaur Pasa v. The State of Assam and 5 Ors

ORDER

06.12.2023 Heard Shri S. Hoque, learned counsel for the petitioner. Also heard Shri B. Gogoi, learned Standing Counsel, PWD.

¶2Considering the fact that the pleadings have been exchanged and also certain development which have taken place, this writ petition is taken up for disposal at the admission stage.

¶3The petitioner, who is a Class-1 (A) category contractor under the Public Works Department had participated in a tender process initiated vide NIT dated

04.02.2021 for works of Package No. 20183 for construction and maintenance of MRL 07-Hajo Nalbari Road to Pagaldia Embankment via Mathursala Road. It is the case of the petitioner that he was adjudged as the L1 bidder in spite of which the respondent no. 5, who was the L3 bidder, was allotted the work.

¶4Shri Hoque, learned counsel for the petitioner submits that there was similar action in different parts of the packages in which the bids of the Page No.# 3/3 petitioner was ignored and was given to different bidders and those were the subject matter of challenge in various writ petitions. It is submitted that those writ petitions, the leading case being WP(C)/2674/2021 have been disposed of by a common judgment and order dated 07.02.2023 whereby the petitions were allowed and the work in question were directed to be given to the L1 bidder, who is the writ petitioner.

¶5Shri Hoque, learned counsel for the petitioner further informs this Court so far as this case is concerned, the respondent no. 5 has also, in the meantime, withdrawn the Earnest Money Deposit and therefore there is no difficulty even otherwise for the Department to act in accordance with the law.

¶6Shri Gogoi, learned Standing Counsel, PWD fairly concedes the aforesaid submission and makes a further submission that appropriate orders can be passed in tune with the earlier order passed in the bunch of the writ petitions as that order has not been challenged by the Department. It is however informed that the private respondent has filed a writ appeal in which there is no interim order. The fact of withdrawal of the EMD by the respondent no. 5 has also been admitted by the learned Standing Counsel of the Department.

¶7In view of the aforesaid facts and circumstances, the instant writ petition is allowed by directing the Department to act in accordance with law for allotment of the work to the petitioner, who was the L1 bidder. The same is required to be done within a period of 3(three) weeks from today by completing the formalities. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010066892021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2535/2021o MD.oJIYAURoPASAo S/OoLATEoSALIMoPASA,oNALBARIoTOWN,oWARDoNO.o8,oP.S.oANDoP.O.o NALBARI,oDIST.oNALBARI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFo ASSAM,oPUBLICoWORKSoROADSoDEPTT.,oDISPUR,oGUWAHATIo06 2:THEoCHIEFoENGINEER oPUBLICoWORKSoDEPTT.o(BORDERoROADS) oCHANDMARIoGUWAHATI oASSAMo781003 3:THEoCHIEFoENGINEER oPUBLICoWORKSoROADoDEPTT. oCHANDMARIoGUWAHATIo03 oASSAM. 4:THEoASSTT.oEXECUTIVEoENGINEER oPUBLICoWORKSoROADoDEPTT.o(PWRD)oPLANNINGoCELL oDISPUR oGUWAHATIo06 oASSAM. 5:M/SoCAPITALoENTERPRISE oC/OoSANBOMoTALPODIA Page No.# 2/3 2ND FLOOR PAMIL PALACE ZOO ROAD TINIALI GUWAHATI 781024 6:NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY REPRESENTED BY ITS DIRECTOR GENERAL KRISHI BHAWAN NEW DELHI 11000 Advocate for the Petitioner : MR. MD S HOQUE Advocate for the Respondent : SC, PWD ROAD BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI