M/S Simon Enterprises v. The State of Ap and 8 Ors

ORDER Date : 17-06-2024 Heard Mr. T. Rigia, learned counsel for the applicant. Also heard Mr. B. Picha, learned Standing counsel for the Rural Works Department representing the Official Respondents and Ms. N. Danggen, learned counsel for the private Respondent No. 9.

¶2The applicant as a petitioner preferred the connected writ petition being WP(C)169(AP)2024 challenging the Letter of Intent (LOI), dated

06.03.2024, issued by the Director, Rural Development Department, Page No.# 3/5 Government of Arunachal Pradesh, Itanagar, allowing one M/s R. T. Enterprises, Taliha, Upper Subansiri District, Arunachal Pradesh for procurement of materials under MGNREGA' 2023-24 pertaining to CD Block, Taliha, Upper Subansiri District with total contract value of Rs. 1,65,36,101/- (Rupees one crore sixty five lakhs thirty six thousand one hundred one) through process of Notice Inviting Tender/Invitation of Bid dated 27.01.2024 that was issued by the Joint Director (RE), Rural Development Department, Itanagar.

¶3In the said WP(C)No.169(AP)2024, the petitioner, amongst others, arrayed the State of Arunachal Pradesh represented by the Director (RD) to the Government of Arunachal Pradesh, Rural Development Department, Itanagar as Respondent No. 1 and the Secretary (RD) of the Government of Arunachal Pradesh, Rural Development Department, Itanagar as Respondent No. 4.

¶4By this application, the petitioner of WP(C)169(AP)2024 as an applicant, prayed for modification of the Cause-title of said WP(C)169(AP)2024, particularly to arrange the respondents in sequence properly stating that the State of Arunachal Pradesh represented by the Secretary (RD) to the Government of Arunachal Pradesh, Rural Development Department, Itanagar should be corrected as Respondent No. 1 and the Director (Rural Development) to the Government of Arunachal Pradesh, Rural Development, Itanagar should be corrected as Respondent No. 2 in the Cause-title of said WP(C)169(AP)2024. Page No.# 4/5

¶5Mr. B. Picha, learned Standing counsel for the Rural Development Department appearing for the Official respondents and Ms. N. Danggen, learned counsel for the private Respondent No. 9, submitted that for correction of the Cause-title, the applicant should have filed an appropriate application for amendment of the Cause-title and as such, objected in accepting this application preferred by the applicant/writ petitioner of WP(C)169(AP)2024.

¶6On perusal of the connected WP(C)169(AP)2024 and the prayers made therein as well as in this application, it is seen that the applicant/writ petitioner in WP(C)169(AP)2024 made the Director (RD) to the Government of Arunachal Pradesh, Rural Development, Itanagar, representing the State of Arunachal Pradesh as party Respondent No. 1, whereas, the Secretary (RD) of the Government of Arunachal Pradesh, Rural Development, Itanagar, has been made Respondent No. 4 and has now prayed for alteration of those respondents as the Secretary (RD) Government of Arunachal Pradesh, Rural Development Department, Itanagar, Respondent No. 1 and the Director (RD) Government of Arunachal Pradesh as Respondent No. 2, thereby, interchanging their positions as respondents in said WP(C)169(AP)2024. The Court on perusal, found that from such interchanging of their seriatim as respondents in the Cause-title, will not alter the facts and the prayer made by the applicant/writ petitioner in its said WP(C)169(AP)2024.

¶7Considering the above, the objections raised by the opposite parties, Page No.# 5/5 herein, are rejected.

¶8Accordingly, the prayer made by the applicant is allowed.

¶9Henceforth, in the connected WP(C)169(AP)2024, Respondent No. 1 shall be read as "The State of Arunachal Pradesh represented by the Secretary (RD) to the Government of Arunachal Pradesh, Rural Development Department, Itanagar" and the Respondent No. 2 shall be read as "the Director (RD), Rural Development Department, Government of Arunachal Pradesh, Itanagar" and the present Respondent Nos. 2 & 3 in said WP(C)169(AP)2024 shall be renumbered as Respondent Nos. 3 &

4.

¶10The Registry shall accordingly, do the needful in correcting and renumbering the respondents in the cause-title of said WP(C)169(AP)2024.

¶11With the above observation and direction, this interlocutory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040007082024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/92/2024 M/s Simon Enterprises represented by its proprietor Shri Jito Maying, Son of Riji Maying, resident of Village Taliha, PO and PS Taliha, Upper Subansiri District, Arunachal Pradesh VERSUS The State of AP and 8 Ors represented by the Director (RD), Govt of Arunachal Pradesh, Rural Development Department, Itanagar 2:The Director (RD) Age: 0 Occupation : Govt of Arunachal Pradesh Rural Development Department Itanagar 3:The Joint Driector (RE) Age: 0 Occupation : Rural Development Department Govt of Arunachal Pradesh Itanagar 4:The Project Direcctor Age: 0 Occupation : DRDA Upper Subansiri District Arunachal Pradesh 5:Lalum Jeram AE Power Age: 0 Occupation : Daporijo member Tender Evaluation Committee 6:Loku Gumja JE Age: 0 Page No.# 2/5 Occupation : member Tender Evaluation Committee 7:Diwan Gamlin ADO Age: 0 Occupation : member tender evaluation committee 8:Bommar Kena EO(RE) Age: 0 Occupation : member tender evaluation committee 9:Nikam Riamuk Age: 0 Occupation : Son of Late Tachik Riamuk proprietor of M/s RT Enterprises Village Taliha PO and PS Taliha Upper Subansiri District Arunachal Pradesh Advocate for the Petitioner : Mr. T. Rigia, Tsering Lhamu Advocate for the Respondents : Binter Picha, S/C RD; Ms. N. Danggen BEFORE HONBLE MR. JUSTICE MANASH RANJAN PATHAK