Disposed

M/s Kgb Enterprises v. the State of Ap and 5 Ors.

Gauhati HC10 Mar 2023WP(C)/378/2021

Case brief

AI extract

What is this about?

A writ petition challenging a National Technical Tender for road construction was disposed of after the High Court granted the petitioner liberty to file a suit for damages due to loss of opportunities caused by the tender.

What did the court decide?

Disposed of the writ petition, granting liberty to the petitioner to file a suit for damages against the respondents if so advised.

M/s Kgb Enterprises Vs the State of Ap and 5… — Public Procurement and Tenders | Gauhati HC (2023)

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Page No.# 1/3

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GAHC040010932021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : WP(C) 378/2021

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1:M/s KGB Enterprises

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Represented by its Power of Attorney Holder, Shri Vijay Taram, S/o Shri Atom Taram, R/o Village Tebo, G.T.C, P.O and P.S Pasighat, District East Siang, Arunachal Pradesh.

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Contact No. 8974009696

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VERSUS

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1:THE STATE OF AP and 5 Ors.

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Represented by the Secretary, Public Works Department, Govt. of Arunachal Pradesh, Itanagar

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2:The Chief Engineer Central Zone B Public Work Department Pasighat East Siang District Arunachal Pradesh.

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3:The Executive Engineer Public Work Department Aalo Division West Siang District Arunachal Pradesh.

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4:M/s Marpi Wire Products

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Represented by its Proprietor Shri Tummar Bagra S/o Shri Kartum Bagra R/o Sipu Colony Aalo P.O/P.S Aalo

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Page No.# 2/3

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West Siang District Arunachal Pradesh

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5:M/s T.J Enterprises Represented by its Proprietor Shri Toi Romin S/o Lt. Karto Romin R/o Village Bopu P.O/P.S Liromoba West Siang District Arunachal Pradesh

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6:Marge Bagra S/o Shri Tummar Bagra Assistant Engineer (Public Work Department) Basar Division Lepa Rada District Arunachal Prades

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Advocate for the Petitioner : Nalo Pada

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Advocate for the Respondent : GA (AP)

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BEFORE HONBLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 10-03-2023

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Heard Mr. N. Pada, learned counsel for the petitioner and Mr. S. Tapin, learned Senior Government Advocate for the State respondent nos. 1, 2 & 3.

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None has appeared for the respondent nos. 4 to 6.

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By means of this writ petition, the petitioner has put to challenge the NIT, dated 27.01.2021, issued by the Executive Engineer, Aalo Division, PWD, Arunachal Pradesh, vide No. AD/W/B-9/2020-21/, for construction of CC pavement at Aalo. Location: various locations within Aalo Township.

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Page No.# 3/3

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The State respondents have filed their counter-affidavit on 05.01.2022.

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4 Mr. Pada, learned counsel for the petitioner prays for some time to file rejoinder to the counter-affidavit filed by the State.

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On being pointed out to Mr. Pada, learned counsel for the petitioner, regarding the order dated 21.02.2022, wherein, on his prayer, he was granted 3 (three) weeks’ time to file re-joinder to the counter-affidavit filed by the respondent no. 3, Mr. Pada, learned counsel for the petitioner submits that this writ petition may be disposed of, with a liberty granted to the petitioner to file a suit for damages on account of the loss that that the petitioner may have suffered due to the impugned NIT, dated 27.01.2021, issued by the Executive Engineer, Aalo Division, PWD, Arunachal Pradesh, vide No. AD/W/B-9/2020-21/, if so advised.

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In view of the above, this writ petition stands disposed of with a liberty granted to the petitioner to file a suit for damages against the respondents, if so advised.

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Comparing Assistant

M/s Kgb Enterprises v. the State of Ap and 5 Ors.

Case brief

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M/s Kgb Enterprises v. the State of Ap and 5 Ors.

Case brief

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