Purbanchal Enterprise v. The Union of India and 4 Ors

ORDER Date : 10.10.2023

Heard Mr. D.K. Das, learned counsel for the applicant; Mr. R.K. Dev Choudhury, learned Deputy Solicitor General of India for the opposite party nos. 1 & 2; Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. S. Bora, learned Standing Counsel, Samagra Siksha for the opposite party nos. 3 & 4; and Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N. Gautam, learned counsel for the opposite party no. 5-writ petitioner.

¶2The instant interlocutory application has been preferred by the applicant seeking his impleadment as a party-respondent in the connected writ petition, W.P.[C] no. 523/2023.

¶3The connected writ petition has been preferred challenging a tender process initiated by a Notice Inviting Tender [NIT] no. GEM/2022/B/2982233 dated 13.01.2023 whereby bids have been invited for supply and installation of dual desk & benches.

¶4It is the case of the petitioner in the writ petition that the bidding process ought not to have been floated with the clauses incorporated therein as the supply and installation of dual desk and benches are to be procured through the grass-root agencies.

¶5Mr. Das, learned counsel for the applicant has submitted that in response to the NIT dated 13.01.2023, the applicant had submitted its bid. As the bidding process has been suspended due to passing of an interim order in the connected writ petition, the interest of the petitioner is likely to be effected in a prejudicial manner, in the event the writ petition is allowed. It is, thus, submitted that since the interest of the petitioner is intricately connected Page No. 3/3 with the outcome of the writ petition, the applicant is a necessary party and in such view of the matter the prayer for impleadment as a party-respondent in the connected writ petition is to be allowed.

¶6Mr. Choudhury, learned Senior Counsel for the opposite party no. 5-writ petitioner has submitted that since the competitive bidding process initiated by the NIT dated 13.01.2023 has been challenged at the initial stage itself, the presence of the applicant as a party-respondent does not appear to be necessary.

¶7I have considered submissions of the learned counsel for the parties.

¶8Mr. Das, learned counsel for the applicant has submitted that he may be given the right to address as on impleadment of the applicant as a party-respondent, the applicant is not going to file any further pleadings and he will be supporting the stand likely to be taken on behalf of the official respondents.

¶9As the applicant herein has participated in the competitive bidding process initiated by the NIT dated 13.01.2023, I am of the considered view that the interest of the applicant might have a bearing with the outcome of the connected writ petition and his presence does not appear to be unnecessary. Hence, the instant interlocutory application seeking impleadment of the applicant as a party-respondent no. 5 in the connected writ petition, W.P. [C] no. 523/2023 is allowed.

¶10The Registry is to cause necessary corrections in the cause-title of the connected writ petition and in the CIS accordingly. Mr. Das, learned counsel for the applicant shall file an amended cause-title in terms of the Notification no. 79 dated 19.06.2023 by tomorrow before the Registry. JUDGE Comparing Assistant

PageoNo.o1/3 GAHC010253782022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2985/2023o PURBANCHALoENTERPRISE S/O-oMONIoMOHANoKARMAKAR oPROPRIETORoOFoM/SoJKoGROUPoANDoCOMPANYoHAVINGoITSoREGDoOFFICEo AToAoKoDEVoROAD oGANESHPARAoINoTHEoDIST-oOFoKAMRUPo(M) oASSAM oVERSUS THEoUNIONoOFoINDIAoANDo4oORS. REP.oBYoTHEoSECRETARY oMINoOFoHUMANoRESOURCEoDEVELOPMENT oDEPARToOFoSCHOOLoEDUCATIONoANDoLITERACY o124o(C)oWING oSHASTRIoBHAWAN oNEWoDELHI-o110001 2:THEoSECRETARYoFINANCE FINANCE oGOVToOFoINDIAo oMINoOFoFINANCE oDEPTToOFoEXPENDITURE oNEWoDELHI-o110001 o3:THEoSTATEoOFoASSAM REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oDEPTToOFoEDUCATION oDISPUR oGHY-o06 o4:THEoMISSIONoDIRECTOR SAMAGRAoSIKHSHA oASSAM oKAHILIPARA oGHY-o19 Page No. 2/3 5:HEMANTA KARMAKAR S/O- MONI MOHAN KARMAKAR PROPRIETOR OF M/S JK GROUP AND COMPANY HAVING ITS REGD OFFICE AT A K DEV ROAD GANESHPARA IN THE DIST- OF KAMRUP (M) ASSAM Advocate for : MR D K DAS Advocate for : GA ASSAM appearing for THE UNION OF INDIA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY