Disposed

M/s PetoDumpum Enterprise and Anr. v. The State of Ap and 5 Ors.

Gauhati HC12 Mar 2025WP(C)/1/2025

Case brief

AI extract

What is this about?

Petitioners, lowest bidders under a PMGSY road tender whose NIT was cancelled pursuant to a recalled order, sought disposal of their representation. The court directed the Superintending Engineer-cum-Chairman, Tender Evaluation Board, to dispose of the representation by reasoned order after hearing the petitioners within one week, continuing the interim order till then.

What the court decided

AI extract

M/s PetoDumpum Enterprise and Anr. Vs The… — Public Procurement and Tenders | Gauhati HC (2025)

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Page No.# 1/7

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GAHC040000012025

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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)/1/2025

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M/s PetoDumpum Enterprise and Anr

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B Sector, Near Raj Bhawan, Itanagar, Papum Pare District, Arunachal Pradesh 791111 represented by Mrs Yamje Loriak Tamin. 2: Mrs Yamje Loriak Tamin Age: Occupation : Daughter o Kirjom Dulom resident of B Sector Itanagar Po and PS Itanagar Papum Pare District Arunachal Pradesh 791111 represented by the Attorney holder Shri Tapu Loriak Tamin Son of SriJita Loriak resident of Block 2C RKM Hospital PO and PS Itanagar Papum Pare District Arunachal Pradesh 791111 VERSUS

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The State of AP and 5 Ors represented by the Secretary, Govt of Arunachal Pradesh, Rural Works Department, Itanagar, Papum Pare District. 2:The Chief Executive Officer cum Secretary Age: 0 Occupation : ARRDA Govt of Arunachal Pradesh Itanagar. 3:The Chief Engineer PMGSY Age: 0 Occupation :

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Page No.# 2/7

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ARRDA RWD Itanagar Govt of Arunachal Pradesh Itanagar. 4:The Tender Evaluation Board Age: 0 Occupation : represented by its Chairman the Superintendent Engineer RWC Miao Govt of Arunachal Pradesh. 5:The Superintending Engineer Age: 0 Occupation : RWC Miao Changlang Govt of Arunachal Pradesh Changlang District Changlang. 6:The Executive Enigneer Age: 0 Occupation : PIU-I RWD Changlang Division Govt of Arunachal Pradesh Changlang District Changlang

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Advocate for the Petitioner : P J Saikia, Arun Yun,Maryum Sora,Geli Taye,D Ado,Kemo Lollen,K J Saikia,Manisha Nirola,Tambo Tamin

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Advocate for the Respondent : Gimi Tarak, SC (RWD)

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Page No.# 3/7

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 13.03.2025

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Heard Mr. P.J. Saikia, learned Senior Counsel, assisted by Ms. M. Nirola, learned counsel for the petitioners. Also heard Mr. G. Tarak, learned Standing Counsel, for the respondent authorities.

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2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to finalize the tender process initiated, vide NIT No. RWCM/TEN/NIT/PMGSY-III/ B-II/2024-25, dated 08.10.2024, and to issue Letter of Intent (LoI) in favour of the petitioner on the basis of the decision of the bid evaluation board, dated 05.11.2024.

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3. Mr. Saikia, learned Senior Counsel for the petitioners, submits that pursuant to the NIT, dated 08.10.2024, issued by the respondent authorities, for construction and maintenance of PMGSY Road “MRL03-25 KM Point of Margherita Changlang Road to Phinbiro-II, via Relang”, the petitioner No. 1 had taken part in the said process by submitting bid and his technical bid and financial bid, both were found to be responsive and as per the comparative chart, Annexure-DI, the petitioner No. 1 is the lowest bidder (L-1). Mr. Saikia also submits that thereafter, he had received one letter on 12.11.2024, from the respondent authorities for justification of abnormally low item rate price bid submitted in respect of road from 25 KM Point of Margherita Changlang Road to Phinbiro-II via Relang. Thereafter, on 16.11.2024, vide Annexure-F, the petitioner No. 1 had submitted his justification and the respondents has to

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Page No.# 4/7

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settle the tender in his favour being the L1 bidder.

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3.1. Mr. Saikia further submits that from the affidavit-in-opposition filed by the respondent authorities, especially from Annexure-‘A’, i.e. letter dated 31.12.2024, it is apparent that in view of the order passed by this Court in WP(C) No. 572(AP)/2024, dated 10.12.2024, the NIT was cancelled. But in fact, Mr. Saikia submits, no such direction was issued by this Court in its order dated 10.12.2024, for cancellation of the NIT and on the basis of instruction of the learned Standing Counsel for the respondent authorities and the submission so made by the learned Advocates for both the parties, the writ petition was closed with a direction to retender the process.

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3.2. Mr. Saikia also submits that consequent upon review/recalling of the order dated 10.12.2024, vide order dated 04.03.2025, passed in Review Petition No. 1(AP)/2025, the Annexure-‘A’ of the affidavit-in-opposition filed by the respondent authorities, cancelling the NIT, has become infructuous and lost its significance and it is nonest in the eye of law.

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3.3. Mr. Saikia further submits that the petitioners had filed one representation to the respondent authorities i.e. the Superintending Engineercum-Chairman of the Tender Evaluation Board, Rural Works DepartmentMIAO, Arunachal Pradesh on 23.12.2024, making similar prayer in this writ petition and the said representation has not yet been disposed of by the respondent authorities and as such the respondent authorities may be directed to dispose of the same by a reasoned order and that before passing such order the respondent authorities may be directed to afford an opportunity of being heard to the petitioners and till such an order is being passed the interim order may be extended.

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4. Mr. Tarak, learned Standing Counsel for the respondents submits that since the order dated 10.12.2024, passed in WP(C) No. 572(AP)/2024, was recalled, and since the letter, dated 31.12.2024 (Annexure-‘A’) of the affidavitin-opposition, was issued on that basis, the letter dated 31.12.2024, i.e. Annexure- ‘A’, become infructuous now. Mr. Tarak also submits that since the representation filed by the petitioners is pending, he has no objection in the event of closing this petition by issuing such direction to the respondent authorities.

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5. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the representation dated 23.12.2024.

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6. That, a perusal of letter dated 31.12.2024, indicates that it was addressed to the Superintending Engineer, Rural Works Circle, Miao, by the Chief Engineer (PMGSY), Rural Works Department, Itanagar and it is stated therein that this Court, vide order dated 10.12.2024, passed in WP(C) No. 572(AP)/2024, had cancelled the tender process, involved in the road work viz. “MRL03-25 KM Point of Margherita Changlang Road to Phinbiro-II via Relang”, under PMGSY-III, Batch-I, 2024-25, under DPIU-I, Changlang, and direction was issued to retender the aforementioned project.

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7. But, it appears that in fact, no such direction regarding cancellation of the aforementioned NIT was issued by this Court, vide order dated 10.12.2024 and the same was passed on the basis of the instruction received by the learned Standing Counsel for the respondent authorities and on being apprised this Court that the respondent authorities had decided to rescind the NIT and would retender the work.

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8. However, in view of recalling of the order dated 10.12.2024, the letter dated 31.12.2024, i.e. Annexure-‘A’ of the affidavit in opposition, become infructuous. The learned counsel for both the parties had fairly submitted the same.

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9. It also appears that the petitioners had also filed one representation, dated 23.12.2024, to the respondent authorities not to rescind the tender notice and/or review the decision, if already taken and to issue LoI to them for early commencement of the work so that the work can be executed during this favourable season and in case of deciding to rescind for any compelling reason, to intimate the reasons/grounds for rescinding the subject NIT dated 08.10.2024.

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10. Thus, considering the submission of learned Advocates of both sides and as agreed upon, this Court is inclined to dispose of this petition by directing the respondent authorities, especially the Superintending Engineer-cumChairman of the Tender Evaluation Board, Rural Works Department-MIAO, Arunachal Pradesh to dispose of the representation filed by the petitioners on 23.12.2024, by a reasoned order, within a period of one week from the date of receipt of certified copy of this order. It is further provided that before passing a reasoned order, the Superintending Engineer-cum-Chairman of the Tender Evaluation Board, Rural Works Department-MIAO, Arunachal Pradesh shall afford an opportunity of being heard to the petitioners.

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11. The petitioners shall obtain a certified copy of this order and place the same before the Superintending Engineer-cum-Chairman of the Tender Evaluation Board, Rural Works Department-MIAO, Arunachal Pradesh within a period of one week from today.

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12. Till disposal of the representation filed by the petitioners on 23.12.2024, by a reasoned order, the interim order dated 03.01.2025, so passed in the present petition, shall continue. The parties have to bear their own cost.

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JUDGE

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Comparing Assistant

M/s PetoDumpum Enterprise and Anr. v. The State of Ap and 5 Ors.

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M/s PetoDumpum Enterprise and Anr. v. The State of Ap and 5 Ors.

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