M/S Palo Malo Enterprise v. The State of Ap and 10 Ors

ORDER Date : 09-08-2023 Heard Mr. K. Tayeng, learned counsel for the petitioner.

Also heard Ms. K. Wangmo, learned Government Advocate, appearing on behalf of Respondents No. 1, 2 & 4; and Mr. Michi Nibo, learned counsel, appearing on behalf of Respondents No. 10 & 11.

Page No.# 6/9 This writ petition has been filed by the petitioner with the following prayers:

a) Direct the respondent Nos. 2 to 4 to allow the petitioner to submit his tender paper/bid against NIT No. Package No. CDA/W-3/6A/2023-24/ m-T-01 dated

20.04.2023 for the work "Extension of road at backside of State Guest house, Niti Vihar, Itanagar".

b) Further direct the respondent Nos. 2 to 4 to accept the petitioner's tender paper/bid aga'nst NIT No. Package No. CDA/W-3/6A/2023-24/ m-T-01 dated 20.04.2023 for the work "Extension of road at backside of State Guest house, Niti Vihar, Itanagar".

The grievance of the petitioner, who states to be a registered Class-III(B&R) under Civil Category as per the Enlistment of Contractors in Works Department Rules, 2008, is that the petitioner has been prevented from submitting his tender papers pursuant to the Notice Inviting Tender(undated), issued by the Executive Engineer, Capital Division-A, Public Works Department, Itanagar, vide No. CDA/W-3/6A/2023-24, inviting item rate tender in CPWD Form-8 from registered/enlisted contractors of Class-IV & Class-III categories in APPWD and domiciled within the territorial jurisdiction of Assembly Constituencies as per the provision defined under the Arunachal Pradesh District Based Entrepreneurs and Professionals (Incentives, Development & Promotional) Act, 2015, for the work "Extension of road at backside of State Guest House, Niti Vihar, Itanagar" under the following circumstances:

The Executive Engineer, Capital Division-A, Public Works Department, Itanagar, had issued the Notice Inviting Tender (Annexure-2 to the writ petition) inviting item rate tender as mentioned above, whereby, it was inter alia provided that the tender form and other details can be obtained from the Office of the Assistant Engineer, Capital Sub-Division-6/A PWD, Itanagar, from 1030 hrs. of 24/04/2023 to 1600 of

26.04.2023. It is further provided that the tender shall be received from the Assistant Engineer, Capital-Sub-Division-6/A PWD, Itanagar, upto 1130 hrs. of 27/04/2023 and Page No.# 7/9 the date of opening of the tender shall be on 28/04/2023 at 1230 hrs., in presence of the intending bidders or their representatives.

According to the petitioner, pursuant to the aforesaid Notice Inviting Tender(undated), he had gone to the Office of the Assistant Engineer, Capital Sub-Division-6/A Public Works Department, Itanagar, on 24.04.2023, to collect the tender papers, on which date, he was assaulted by a group of persons in order to prevent him from collecting the tender papers. The petitioner, thereafter, lodged an First Information Report(FIR), dated 24.04.2023, to the Officer In-Charge, Police Station Itanagar, for committing an offence of wrongful restrain, causing grievous injury, theft, mischief and criminal intimidation to the petitioner, in which, he has named the respondents No. 5 to 9, herein. Pursuant to the aforesaid First Information Report(FIR), the Officer In-Charge, Police Station Itanagar, has registered a formal First Information Report(FIR), under Section 154 of the Code of Criminal Procedure, 1973, as ITA P.S. Case No. 88/2023, under Sections 341/325/34 of the Indian Penal Code.

It is the further case of the petitioner that he had also written to the Deputy Commissioner, Itanagar Capital Complex, Itanagar, on 27.04.2023, for providing security at the Office of the Executive Engineer, Capital Division-A, Public Works Department, Itanagar, to enable him to participate in the tender process peacefully and also to the Superintendent of Police, Itanagar Capital Complex, Itanagar, on

27.04.2023, lodging an First Information Report(FIR), against the respondents, noted-above, stating that on 27.04.2023 also, the respondents No. 5 to 9 along with approximate 200 others, had prevented him from submitting the tender papers. Because of the above circumstances, the petitioner contends that he could not submit the tender papers due to the inability of the State respondents to provide security to Page No.# 8/9 him for such submission.

Upon consideration of the contentions raised as above; this Court, vide order, dated 28.04.2023, had passed an interim order whereby, it was provided that further proceeding of the Notice Inviting Tender(undated) issued by the Executive Engineer, Capital Division-A, Public Works Department, Itanagar, vide No. CDA/W-3/6A/2023-24, for the work "Extension of road at backside of State Guest House, Niti Vihar, Itanagar", shall remain stayed.

The State Respondents as well as the private respondents No. 10 & 11 have filed their respective counter affidavits.

The Respondents No. 10 & 11 who had submitted their bids pursuant to the aforesaid Notice Inviting Tender(undated), have also filed an interlocutory application before this Court being IA(c)128(AP)2023, seeking for modification/alteration/vacation of the interim order, dated 28.04.2023, passed by the Court, in this writ petition.

Since the further proceeding in the Notice Inviting Tender (undated), in question, has been stayed by the Court, vide order, dated 28.04.2023, passed in the writ petition; Ms. Wangmo, learned Government Advocate, as well as Mr. Nibo, learned counsel representing Respondents No. 10 & 11 who had submitted their respective bids pursuant to the aforesaid Notice Inviting Tender; have submitted that this writ petition may be disposed of by allowing the writ petitioner to submit his bid in the Notice Inviting Tender(undated), in question, and thereafter; the concerned respondent authorities may be directed to finalize the tender, in accordance with law.

Page No.# 9/9 The above proposal made by the learned counsels appearing for the respondents being not opposed by Mr. Tayeng, learned counsel for the petitioner; the instant writ petition stands disposed of on a concession made by Ms. Wangmo, learned Government Advocate, and Mr. Nibo, learned counsel representing Respondents No. 10 & 11, by directing the respondent authorities, more particularly, Respondent No. 3 viz. the Executive Engineer, and Respondent No. 4, namely, the Assistant Engineer, to allow the petitioner, herein, to submit his bid in the Notice Inviting Tender(undated) issued by the Executive Engineer, Capital Division-A, Public Works Department, Itanagar, vide No. CDA/W-3/6A/2023-24, for the work "Extension of road at backside of State Guest House, Niti Vihar, Itanagar", which shall be submitted by the petitioner within a period of 1(one) week from today.

After the bid is submitted by the petitioner, as above; the respondent authorities shall, thereafter, proceed to evaluate all the bids submitted pursuant to the Notice Inviting Tender(undated) for the work "Extension of road at backside of State Guest House, Niti Vihar, Itanagar" and finalize the same, in accordance with law.

The writ petition stands disposed of, in terms above. Resultantly, the connected interlocutory application being IA(c)128(AP)2023, also stands disposed of. JUDGE Comparing Assistant

Page No.# 1/9 GAHC040010382023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/202/2023 M/s Palo Malo Enterprise Age: 0 Occupation : Address:Represented by its Proprietor Shri Tatung Takar Ame having its Registered Office at Niti Vihar Itanagar PS Niti Vihar PO Itanagar Dist. Papum Pare Mobile No. 6009104554 VERSUS THE STATE OF AP and 10 Ors. Age: 0 Occupation : Address:Represented by the Chief Secretary Civil Secretariat Block No. II 5th Floor Govt. of Arunachal Pradesh Itanagar. 2:The Secretary Age: 0 Occupation : Address:Public Works Department Govt. of Arunachal Pradesh Civil Secretariat Block II Page No.# 2/9 3rd Floor Room No. 315-317 Itanagar. 3:The Executive Engineer Age: 0 Occupation : Address:Capital Division A Public Works Department Govt. of Arunachal Pradesh Itanagar. 4:The Assistant Engineer Age: 0 Occupation : Address:Capital Sub Division 6/A Public Works Department Govt. of Arunachal Pradesh Itanagar. 5:Tagru Tate Age: 0 Occupation : Address:S/o Late Tagru Tapo R/o Back Side of State Guest House Niti Vihar PO Itanagar PS Niti Vihar Dist. Papum Pare 6:Tagru Taring Age: 0 Occupation : Address:S/o Late Tagru Take R/o Back Side of State Guest House Niti Vihar PO Itanagar PS Niti Vihar Dist. Papum Pare 7:John Tagru Age: 0 Occupation : Address:S/o Shri Tagru Tarak Page No.# 3/9 R/o Barapani Naharlagun PO/PS Naharlagun Dist. Papum Pare 8:Tagru Takia Age: 0 Occupation : Address:S/o Late Tagru Tapo R/o Back Side of State Guest House PO Itanagar PS Niti Vihar Dist. Papum Pare 9:Tagru Bai Age: 0 Occupation : Address:S/o Shri Tagru Taluk R/o Narba Colony Itanagar PO/PS Itanagar Dist. Papum Pare 10:Gichick Tachu Age: 0 Occupation : Address:S/o Lt. Gichick Tagang Resident of E Sector Itanagar PO/PS Itanagar Papum Pare District Proprietor of M/s GJ Enterprise. 11:Lindum Taying Age: 0 Occupation : Address:S/o Lt. Lindum Tachu Resident of Dokum Colony Itanagar PO/PS Itanagar Page No.# 4/9 Papum Pare District Proprietor of M/s Lindum Taying Enterprise. ------------ Advocate for : 1 U Bori Advocate for : GA (AP) appearing for THE STATE OF AP and 10 Ors.: Advocate , , , , , , , , , , appearing for 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, respectively. Linked Case : IA(C)/128/2023 Gichik Tachu and Anr. Page No.# 5/9 Age: 1 Occupation : Address:S/o Lt. Gichik Tagang Resident of E Sector Itanagar PO/PS Itanagar Papum Pare District Proprietor of M/s G.A Enterprise. VERSUS M/s Palo Malo Enterprise Age: 0 Occupation : Address:Represented by its Proprietor Shri Tatung Takar having its Registered Office at Niti Vihar Itanagar PO Niti Vihar PO Itanagar Papum Pare District ------------ Advocate for : M Nibo Advocate for : Rinchin Ledo Thungon appearing for M/s Palo Malo Enterprise: Advocate appearing for respectively. BEFORE HONBLE MR. JUSTICE NANI TAGIA