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

ORDER Date : 07-03-2023 Heard Mr. T. Gyatso, learned counsel for the petitioner and Mr. I. Riram, learned Addl. Senior Govt. Advocate for the State respondents No.1 to 3. This writ petition is directed against the Minutes of Meeting of Technical Bid Evaluation held on 09.11.2021, under the Chairmanship of the Chief Engineer(Highway), Public Works Department, Arunachal Pradesh(annexure-6 to the writ petition), whereby, while the bids submitted by the respondents No.4 to 8 have been found to be technically responsive, but the bid of the petitioner has been found to be technically non-responsive. Challenging the aforesaid Minutes of Meeting of Technical Bid Evaluation held on 09.11.2021, the petitioner, inter alia, has contended that the Notice Inviting Tender(NIT), pursuant to which the technical bid evaluation held on 09.11.2021 was not issued as per the Arunachal Pradesh District Based Entrepreneurs and Professionals(Incentives, Development and Promotion) Act, 2015. No counter-affidavit(s) by any of the respondents have been filed in the instant case. Office Notes dated 24.02.2022; 30.05.2022; 09.08.2022 and 06.03.2023 indicates that steps for service of notice upon the respondents are yet to be taken. Under the aforesaid circumstances, since the writ petition pertains to the year 2021, and the work for which the technical bid evaluation meeting was held on 09.11.2021 was for the ordinary repair(DPP) for short term maintenance of National Highway stretches under Pasighat Highway Division in the State of Page No.# 4/4 Arunachal Pradesh for the year 2021-22, in all probability, the work may have been completed by the contractor, who was issued with the work order. And also, in view of the the petitioner having not taken any steps for service of notice upon the respondents since the year 2021, I am not inclined to interfere with the Minutes of Meeting of Technical Bid Evaluation held on 09.11.2021, under the Chairmanship of the Chief Engineer(Highway), Public Works Department, Arunachal Pradesh, in exercise of the extraordinary power conferred under Article 226 of the Constitution of India. Accordingly, this writ petition is dismissed being devoid of merit.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040011022021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 383/2021 1:M/s Y P Enterprises Represented by its Sole Proprietor, Shri Oni Panyang, S/o Late Panam Panyang, R/o Village Tebo, P.O and P.S Pasighat, District East Siang, Arunachal Pradesh. Contact No 8787728367 VERSUS 1:THE STATE OF AP and 8 Ors.. Represented by the Commissioner, Public Works Department, Govt. of Arunachal Pradesh, Itanagar 2:The Chief Engineer Highway Zone PWD Itanagar Arunachal Pradesh. 3:The Executive Engineer Highway Zone PWD Arunachal Pradesh 4:M/s GRRB Associates Represented by its Director Shri Anil Kumar Agarwal Office address Holding No. 06/623 Gyan Villa Manav Kalyan road Opp. Brahma Kumari Ashram Lane Tinsukia Page No.# 2/4 Assam Pin 786125 5:M/s ATW India Pvt. Ltd Represented by Mr. Rohit Kumar More Office address 6th Perena Chowkidinghee P.O C.R Building Dibrugarh Assam 786003 6:M/s Hita Enterprises Represented by Mr. Techi Nigio R/o Gohpur Tinali Itanagar P.O R.K Mission P.S Itanagar Arunachal Pradesh 7:M/s Ganpati Builders Represented by its proprietor Office Address 12 Bharadwaj Colony Sriganga Nagar Rajasthan. Pin Code 335001 8:M/s Sedi Allied Agency Represented by Proprietor Mr. Samson Borang R/o Village Mirbuk P.O/P.S Pasighat East Siang District Arunachal Pradesh 9:The Ministry of Road Transport and Highways Govt. of India Advocate for the Petitioner : T T Tara Advocate for the Respondent : GA (AP) Page No.# 3/4 BEFORE HONBLE MR. JUSTICE NANI TAGIA