Petitioner challenged rejection of its railway construction tender bid as non-responsive. As the contract had been awarded to the successful bidder and that award was not challenged, the court held no cause of action remained and closed the writ petition with liberty to seek other remedies.
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GAHC010172212021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5648/2021
M/S NIRAJ AVIJANTRIK (JV)
H/NO.239, W/NO- 4, P.O. AND P.S. CHAPAR, DIST. DHUBRI, ASSAM REP. BY ITS AUTHORIZED SIGNATORY/ATTORNEY SRI SUBHAMAY KARMAKAR, S/O. LT. SANKAR KARMAKAR, R/O. CHAPAGURI ROAD, NORTH BONGAIGAON, P.O. AND DIST. BONGAIGAON, ASSAM.
VERSUS
THE UNION OF INDIA AND 3 ORS REP. BY THE GENERAL MANAGER (CON) N.F. RAILWAY, MALIGAON, GUWAHATI-11.
2:THE CHIEF ADMINISTRATIVE OFFICER CON/1 NORTH EAST FRONTIER RAILWAY CONSTRUCTION ORGANISATION MALIGAON GUWAHATI-11.
3:THE CHIEF ENGINEER CON/2 NORTH EAST FRONTIER RAILWAY CONSTRUCTION ORGANISATION MALIGAON GUWAHATI-11. 4:BRAHMAPUTRA INFRASTRUCTURE LTD. KAMRUP G.S. ROAD CHRISTAN BASTI GUWAHATI-781034
Advocate for the Petitioner : MR. R ALI, MR A S SK,MR. H A AHMED
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Advocate for the Respondent : SC, NF RLY,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 02.09.2024
Heard Mr. R Ali learned counsel for the petitioner and Mr. B Sharma, learned standing counsel, NF Rly.
This writ petition is filed assailing the decision whereby the petitioner’s bid for the work “protection of cutting and embankment by construction of RCC retaining wall etc between station Kawnpui & Sairang in construction of new BG Railway line from Bairabi to Sairang (Mizoram) project” was held to be non responsive.
In the meantime the contract has been awarded in favour of the successful bidder.
Be that as it may, as the contract has already been awarded and such award is not under challenge, in the considered opinion of this court the present writ petition is having no cause of action as on date.
Accordingly, the present writ petition stands closed, however, the petitioner is at liberty to approach the appropriate forum, if any of his grievances still remains.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging a bid declared non-responsive survives when the contract has already been awarded to another bidder.
M/S Niraj Avijantrik (JV)
The Union of India
The Chief Administrative Officer CON/1, North East Frontier Railway Construction Organisation
The Chief Engineer CON/2, North East Frontier Railway Construction Organisation
Brahmaputra Infrastructure Ltd.
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
