M/S Aarhi Traders v. The State of Assam and 2 Ors

ORDER Date : 07.07.2023 (Soumitra Saikia, J.)

Heard Mr. A. K. Bhattacharjee learned senior counsel assisted by Mr. H. Buragohain, learned counsel appearing for the appellant. Also heard Mr. B. Choudhury, learned counsel for all the respondents. This appeal is directed against the judgment and order dated 20.06.2023 passed by the learned Single Judge in WP (C) 2215/2023. By the impugned judgment, the writ petition preferred by the present appellant was dismissed as being devoid of any merit. Today, when the matter is listed before this Court Mr. Choudhury, learned standing counsel for the Agriculture Department has furnished a cancellation notice issued on 07.07.2023, whereby the tender for supply of napier slips-kharif season by Tender No. A/APART/AFM/N-Slip/23-24/75/07 has been cancelled. By the said notice/corrigendum, it is mentioned that the tender has been cancelled due to administrative reasons/issues. The said notice also contains a minutes of the meeting of the Bid Evaluation Committee held on 04.07.2023. Page No.# 4/4 From the minutes of meeting, it is seen that there were six bidders who responded to the bids invited by the Agriculture Department for supply of napier slips. From the comparative chart indicated in the minutes of the meeting, it is seen that not a single tender have been found to be technically responsive. Under such circumstances, the Bid Evaluation Committee recommended for cancellation of tender. Accordingly, the notice dated 07.07.2023 was issued, whereby tender has been cancelled. In view of such specific submissions made before this Court and a copy being furnished to the Court, which is kept on the case record, this Court is of the view that this appeal can be closed as not pressed. In view of the cancellation notice the grounds urged in this appeal need not to be dealt with at this moment. However, liberty is granted to the appellant to approach this Court again in respect Tender No. A/APART/AFM/N-Slip/23-24/75/07, if any such cause arrives subsequently.

JUDGE JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010149642023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/259/2023o M/SoAARHIoTRADERSo AoPROPRIETORSHIPoFIRM,oHAVINGoITSoREGISTEREDoOFFICEoAToBYLANEo NO.o2,oAJANTAoPATH,oBELTOLA,oGUWAHATI-o28,oREPRESENTEDoBYoSRIo JYOTIBANoSAIKIA,oITSoSOLEoPROPRIETORoOFoM/SoAARHIoTRADERS,oAGED ABOUTo41oYEARS,oSONoOFoSRIoPREMADHARoSAIKIA,oRESIDENToOFo PRAKRITIoRESIDENCY,o1SToFLOOR,oFLAT-A,oBELTOLA,oGUWAHATI-o28. VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oDEPARTMENToOFoAGRICULTUREoANDo HORTICULTURE,oDISPUR,oGUWAHATI-o781006,oASSAM. 2:THEoSECRETARY oDEPARTMENToOFoAGRICULTURE oGOVERNMENToOFoASSAM oDEPARTMENToOFoAGRICULTUREoANDoHORTICULTURE o DISPUR oGUWAHATI-o781006 oASSAM. 3:THEoDIRECTORoOFoAGRICULTURE oGOVERNMENToOFoASSAM oAGRICULTURALoCOMPLEX oKHANAPARA o G.S.oROAD oGUWAHATI oPIN-o781022o Page No.# 2/4 Advocate for the Petitioner : MR. H. BURAGOHAIN Advocate for the Respondent : SC. AGRI. DEPTT. Linked Case : I.A.(Civil)/1919/2023 M/S AARHI TRADERS A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE AT BYLANE NO. 2 AJANTA PATH BELTOLA GUWAHATI- 28 REPRESENTED BY SRI JYOTIBAN SAIKIA ITS SOLE PROPRIETOR OF M/S AARHI TRADERS AGED ABOUT 41 YEARS SON OF SRI PREMADHAR SAIKIA RESIDENT OF PRAKRITI RESIDENCY 1ST FLOOR FLAT-A BELTOLA GUWAHATI- 28. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE AND HORTICULTURE DISPUR GUWAHATI- 781006 ASSAM. 2:THE SECRETARY DEPARTMENT OF AGRICULTURE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE AND HORTICULTURE DISPUR GUWAHATI- 781006 ASSAM. 3:THE DIRECTOR OF AGRICULTURE GOVERNMENT OF ASSAM AGRICULTURAL COMPLEX Page No.# 3/4 KHANAPARA G.S. ROAD GUWAHATI PIN- 781022. ------------ Advocate for : MR. H. BURAGOHAIN Advocate for : SC. AGRI. DEPTT. appearing for THE STATE OF ASSAM AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA