M/S North East Infrastructure v. The Union of India and 6 Ors

ORDER

04.01.2024 It is submitted by the learned counsel for the respondents No. 2 to 7 submits that the tender for the routes "Namsai-Latho and Namsai-Mahadevpur" stands cancelled due to technical issues in opening of the bids as cited by the tender opening committee. The learned counsel for the respondents submits that the tender opening committee tried to open the technical bids however the committee found it technically impossible to decrypt the bids and open the tender. Therefore, the committee recommended for cancellation of the present tender and go for re-tender, if desired by the competent authority. Accordingly, Page No.# 5/5 the competent authority cancelled the tender because of the technical reasons as pointed out by the Tender Opening Committee. Mr. O Pada, learned counsel for the petitioners submits that in the event of fresh tender being floated and the petitioner's grievances are not redressed, he may be permitted to approach the Court by filing fresh writ petition. Needless to say, if any fresh tender is floated by the competent authority and the petitioner is still aggrieved, he shall be, within his rights, to approach the Court by filing necessary application. It is also made clear that there shall be no bar for the petitioners to participate in any such fresh tender that may be floated by the respondents. The writ petitions accordingly stand disposed of. Interim orders, if any, shall stand vacated. Pending I.As also stand disposed of. Copies of the communication dated 14.12.2023 is retained in the case record.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC040007372022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/223/2022 M/s North East Infrastructure 3D Protech Pearls, Suraj Nagar, Six Mile, Gauhati 781022, Assam, Represented by its Proprietor, Shri Prabat Podder, R/o 3D Protech Pearls, Suraj Nagar, Six Mile, Gauhati 781022, Assam. VERSUS THE UNION OF INDIA and 6 Ors. Represented by the Secretary, Information and Broad Casting, Govt. of India 2:The Chief Managing Director 3:The Chief General Manager 4:The Managing Director 5:The Divisional Engineer 6:The Chairman Page No.# 2/5 7:The Chairman Occupation Advocate for the Petitioner : Ojing Pada Advocate for the Respondent : Marto Kato Linked Case : WP(C)/224/2022 M/s North East Infrastructure Address:3D Protech Pearls Suraj Nagar Six Mile Guwahati 781022 Assam Represented by its Proprietor Shri Prabat Podder R/o 3D Protech Pearls Suraj Nagar Six Mile Guwahati 781022 Assam. VERSUS THE UNION OF INDIA and 6 Ors. Address:Represented by the Secretary Ministry of Information and Broadcasting Govt. of India. 2:The Chief Managing Director Address:BSNL Bharat Sanchar Bhawan Harish Chandra Mathur Lane Janapath New Delhi 110001. Page No.# 3/5 3:The Chief General Manager Address:Core Network Transmission BSNL Bhawan 7th Floor Guwahati 78101 Assam. 4:The General Manager Address:Core Network Transmission BSNL Bhawan 7th Floor Guwahati 78101 Assam. 5:The Divisional Engineer Address:(Telecom Project) Core Network (TX North East Region) Tinsukia BSNL MW Building 1st Floor R.G Road Tinsukia 786125 6:The Chairman Address:Tender Opening Committee (Telecom Project) Core Network (TX North East Region) Tinsukia BSNL MW Building 1st Floor R. G Road Tinsukia 786125 7:The Chairman Address:Tender Evaluation Committee Core Network Transmission BSNL Bhawan 7th Floor Page No.# 4/5 Guwahati 78101. Assam. ------------ Advocate for : Ojing Pada Advocate for : Marto Kato appearing for THE UNION OF INDIA and 6 Ors.: Advocate , , , , , , appearing for 2, 3, 4, 5, 6, 7, respectively. BEFORE HONBLE MR. JUSTICE SOUMITRA SAIKIA