M/S Haniya Enterprise v. The State of Ap and 4 Ors

ORDER Date : 06-03-2023 Heard Mr. P. D. Nair, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate for the State respondents and Mr. D. Kamduk, learned Standing counsel for the Land Management Department, representing the respondent no. 5.

¶2By means of this writ petition, the petitioner has put to challenge the NIT, dated 04.03.2022, issued by the Executive Engineer, Sagalee Division, PWD, vide No. SLD/W-22/2021-22/810, inviting online item rate tender in CPWD Form 8 from all the eligible contractors of APPWD and those of appropriate class with CPWD/NEEPCO/NBCC/BRO/MES/RAILWAYS/APWD in Single bid systems as per Arunachal Pradesh District Based Entrepreneurs & Professional (Incentive, Development & Promotional) Act, 2015, for the work of upgradation of road from Khola Camp to Kheel via Satang (36.00 Km), Papumpare District (Phase-I Kheel to Satang). Page No.# 3/5

¶3The facts leading to filing of the present writ petition, briefly stated, are as follows: The Executive Engineer, Sagalee Division, PWD, vide NIT dated

25.01.2022, bearing No. SLD/W-22/2021-22/672, had invited online item rate tender in CPWD Form 8 from all the eligible contractors of APPWD and those of appropriate class with CPWD/ NEEPCO/ NBCC/ BRO/ MES/ RAILWAYS/ APWD in Single bid systems as per Arunachal Pradesh District Based Entrepreneurs & Professional (Incentive, Development & Promotional) Act, 2015, for the work of upgradation of road from Khola Camp to Kheel via Satang (36.00 Km), Papumpare District (Phase-I Kheel to Satang), providing the start date and time of submission of bid as 28.01.2022, last date & time of submission of bid as 04.02.2022 and date and time of opening of bid as

04.02.2022. Pursuant to submission of the bid in terms of the NIT, dated

25.01.2022, including the petitioner's bid, the bid of the petitioner was found to be L-1. Though the bid of the petitioner was found to be L-1, pursuant to NIT, dated 25.01.2022, the respondent authorities instead of issuing the work order to the petitioner had again put up another NIT, dated 04.03.2022, inviting online item rate tender for the same work, providing the start date and time of submission of bid as 05.03.2022, last date & time of submission of bid as 10.03.2022 and date and time of opening of bid as 10.03.2022.

¶4The second NIT, dated 04.03.2022, was put to challenge by the petitioner in WP(C)No. 89/2022, which writ petition, however, was withdrawn on

24.03.2022, with a liberty granted to the petitioner to file a fresh writ petition, challenging the said NIT. Thereafter, this writ petition was filed in Page No.# 4/5 the month of 8th September, 2022.

¶5The notice to the respondent in the writ petition was issued by this court by an order dated 15.09.2022. The State respondents have filed a counter-affidavit as well as an additional-affidavit.

¶6In the additional-affidavit filed, it has been stated that pursuant to the impugned NIT, dated 04.03.2022, an agreement has been entered into between the respondent no. 5 and the State authorities for execution of the work named, therein and pursuant thereto, the execution of work has been commenced by the respondent no. 5 and as on 20.11.2022, about 48% of the work had been completed by the respondent no. 5.

¶7Having taken note of the rival pleadings of the parties and in view of the fact that the writ petition was filed only in the month of September, 2022, whereas, last date for opening of the bid submitted pursuant to the impugned NIT, dated 04.03.2022, was 10.03.2022, whereafter, the agreement for execution of the work was entered into between the State authorities and the respondent no. 5 on 07.05.2022 and by 20.11.2022 about 48% of the work has already been completed by the respondent no. 5 and also in view of the fact that the petitioner had neither participated in the second NIT, dated 04.03.2022, issued by the respondent authorities and that the writ petition was also filed much later in point of time, i.e. September, 2022, despite the impugned NIT having been issued in 04.03.2022, I am not inclined to interfere with the impugned NIT, dated 04.03.2022, issued by the Executive Engineer, Sagalee Division, PWD, vide No. SLD/W-22/2021-22/810, in exercise of the extra ordinary power of this Court under Article 226 of the Constitution of India. Page No.# 5/5

¶8Accordingly, the writ petition stands dismissed, being devoid of merit.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC040010762022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 317/2022 1:M/s Haniya Enterprise Proprietor Shri Tarh Kina, Permanent Resident of Village Arung, PO Mengio and PS Sagalee, District Papum Pare, Arunachal Pradesh. Contact No. 918974337038 VERSUS 1:THE STATE OF AP and 4 Ors. Represented by Secretary, Public Works Department, Govt. of Arunachal Pradesh, Itanagar. 2:The Chief Engineer Public Works Department Itanagar Govt. of Arunachal Pradesh. 3:The Superintending Engineer Public Works Department Naharlagun Govt. of Arunachal Pradesh. 4:The Executive Engineer Public Works Department Sagalee Division Papum Pare District Arunachal Pradesh. 5:M/s Jumsi Enterprise Proprietor Smti Nabam Aka Page No.# 2/5 having its registered office at Doye building Vivek Vihar PO/PS Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : T T Tara Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA