M/S Apurba Enterprise v. The State of Assam and 4 Ors

ORDER

09.08.2024

¶1Heard Mr. U. Dutta, learned counsel for the petitioner and Mr. K. Gogoi, learned counsel for the respondent nos. 1 to 4.

¶2The petitioner's case is that pursuant to the Notice Inviting Re-Tender dated

15.05.2023, for supply of dietary articles Group-A to the Observation Home, Boko, Bamunigaon, the petitioner was selected as the successful tenderer.

¶3In terms of the agreement dated 21.07.2023 executed between the respondents and the petitioner, the petitioner was to supply dietary items to the Observation Home, Boko for the financial year 2023-2024 w.e.f. 01.06.2023. However, Clause 9 of the agreement provided that the agreement would be valid till the tender for the financial year 2024-2025 was completed.

¶4The grievance of the petitioner is that despite Clause 9 of the agreement mentioned above, the respondents have taken a decision to allow the respondent No. Page No.# 3/3 5 to supply dietary items to the Observation Home, Boko, vide letter dated 26.07.2024 issued by the respondent No. 1, even though no NIT had been issued for the same, subsequent to the NIT dated 15.05.2023.

¶5Mr. K. Gogoi, learned counsel has submitted letter no.SCPS(G)370/2017/Pt-1/635 dated 08.08.2024 issued by the Joint Secretary to the Government of Assam, W&CD Department cum Sr. Additional Member Secretary, SCPS, Assam which states that the letter allowing the respondent no.5 to supply of dietary and non-dietary items for the Children & Observation Home for Girls, Jalukbari and Observation Home for Boys, Boko has been cancelled, vide letter no. SCPS(G)370/2017/Pt-1/633 dated

03.08.2024.

¶6The letter dated 08.08.2024 is made a part of the record and marked as Annexure-X.

¶7In view of the above letter dated 08.08.2024, the writ petition has become infructuous.

¶9The writ petition is accordingly closed as infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010157092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3975/2024o M/SoAPURBAoENTERPRISEo REPRESENTEDoBYoPROPRIETORoMANUoROY,oS/O-oDHIRENoROY,o RESIDENCEoOFoHOUSEoNO.o316,oHENGRABARI,oBARBARI,oGUWAHATI-o 781036,oDISTRICT-oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oWOMENo ANDoCHILDoDEVELOPMENToDEPARTMENT,oCUMoMMBERoSECRETARYo SCPS,oDISPUR,oGUWAHATI-o781006 2:THEoDIRECTOR oWOMENoANDoCHILDoDEVELOPMENToDEPARTMENT oASSAM oUZANBAZAR oGUWAHATI-o781001 3:THEoSUPERINTENDENT oOBSERVATIONoHOME oBOKO oBAMUNIGAON oDISTRICT-oKAMRUP oASSAM oPIN-o781123 4:THEoSTATEoCHILDoPROTECTIONoSOCIETY oASSAM oREPRESENTEDoBYoTHEoMEMBERoSECRETARYoASSAM oBELTOLA oGUWAHATI-o781028 Page No.# 2/3 5:SAI ONE GROUP REPRESENTED BY THE PROPRIETOR SRI PRITAM TALUKDAR RESIDENCE OF HOUSE NO.9 HASTINAPUR PATH BYELANE NO.1 NAYANPUR GANESHGURI DISTRICT- KAMRUP (M) ASSAM PIN- 78100 Advocate for the Petitioner : MR. U DUTTA, MR. B. KUMAR Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA