Disposed

M/S Unique Traders and Anr. v. the State of Assam and 2 Ors.

Gauhati HC10 Jun 2026WP(C)/3096/2026

Case brief

AI extract

What is this about?

A bidder apprehended rejection of its tender for non-submission of a fresh Site Visit Verification Report under a re-issued Invitation for Bid. The Court held the earlier Site Visit Certificate dated 16.02.2026 could be considered by the Technical Evaluation Committee, subject to the petitioner being bound by its contents.

What did the court decide?

Site Visit Verification Certificate dated 16.02.2026 to be considered by the Technical Evaluation Committee; petitioner bound by its contents.

M/S Unique Traders and Anr. Vs the State of… — Public Procurement and Tenders | Gauhati HC (2026)

Page No.# 1/8

GAHC010117302026

2026:GAU-AS:8351

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

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Case No. : WP(C)/3096/2026

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M/S UNIQUE TRADERS AND ANR

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A DULY REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT GHAGRAPAR, P.O. AND P.S. GHAGRAPAR, DISTRICT - NALBARI, ASSAM - 781369 REPRESENTED BY ITS PARTNER SARALA TALUKDAR, AGED ABOUT 55 YEARS.

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2: SARALA TALUKDAR D/O - SONA RAM TALUKDAR R/O - VILLAGE - BAGHMARA GHAGRAPAR DISTRICT - NALBARI ASSAM - 781369

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPARTMENT, BLOCK-C, 3RD FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI - 781006.

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2:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT 5TH FLOOR ASSAM WATER CENTRE BASISTHA GUWAHATI-29

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3:THE EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT NALBARI DIVISION NALBARI DISTRICT NALBARI ASSAM

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Page No.# 2/8

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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For the Petitioner(s) : Mr. B. D. Das, Sr. Advocate Mr. D. Kalita, Advocate

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For the Respondent(s) : Mr. R. M. Das, SC, Water Resources Deptt.

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Date on which judgment is reserved : NA

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Date of pronouncement of judgment : 11.06.2026

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Whether the pronouncement is of the Operative part of the judgment? : Yes

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Whether the full judgment has been Pronounced? : Yes

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. B. D. Das, the learned Senior Counsel assisted by Mr. D. Kalita, the learned counsel appearing on behalf of the Petitioners. Mr. R. M. Das, the learned counsel appears on behalf of the Respondent Nos.1 to 3.

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The present writ petition is filed by the Petitioners apprehending that the Petitioners’ Bid so submitted in pursuance to the Invitation for Bid dated 16.03.2026 could be rejected on the ground of non-submission of a fresh Site Visit Verification Report.

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Page No.# 3/8

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The brief facts which led to the filing of the instant writ petition are that an Invitation for Bid was issued by the Chief Engineer, Water Resources Department on 06.02.2026 for “Construction of embankment on L/B of river Mora-Pagladia from Pub-Barpit Bridge to Tribeni-Ghat including construction of sluice at Tribeni-Ghat”. The Petitioners being interested submitted its Bid and as it was a requirement of Clause 7 of the Instruction to Bidders, the Petitioners applied for the Site Visit Certificate by an application dated 10.02.2026 along with certain photographs in respect to the location. Pursuant thereto, on 16.02.2026, the Executive Engineer, Nalbari Water Resources Division, Nalbari had issued a certificate to the effect that the Petitioners had visited the site on 10.02.2026 to study the site condition and local tropological condition whether the site is workable, accessible, public intervention if any, existing structure and its conditions which may interfere with current/proposed work, availability of construction materials as per the BOQ and detailed requirement of the work for participating in the tender process. The said Site Visit Certificate being relevant, the contents thereof are reproduced herein under:-

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Page No.# 4/8

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“ GOVT. OF ASSAM OFFICE OF THE EXECUTIVE ENGINEER NALBARI WATER RESOURCES DIVISION NALBARI

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No. WR/NLB/T-49/SOPD-G/2019/261 Date: 16/02/2026

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TO WHOM IT MAY CONCERN

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This is to certify that M/S UNIQUE TRADERS has visited the site on 10-022026 for work "Construction of embankment on L/B of river Mora-Pagladia from PubBarpit Bridge to Tribeni-Ghat including construction of sluice at Tribeni-Ghat" against the (Tender ID) 2026_DoWR_50903_1 to study the site condition and local topological condition whether site is workable, accessible, public intervention if any, existing structure and its condition which may interfere with the current/ proposed work, availability of construction materials as per the BOQ and detailed requirements of the work for participating in tender process.

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This certificate is valid for this particular work/ package against the tender ID 2026_DoWR_50903_1.

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Executive Engineer Nalbari WR Division Nalbari “

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However, the said tender was cancelled and all the bidders were duly intimated by the communication dated 15.03.2026. In pursuance thereto, another Invitation for Bid for the same work was issued on 16.03.2026. The Petitioners having already visited the site and the photographs were taken, submitted an application on 18.03.2026 along with those photographs which were taken on 10.02.2026. The Executive Engineer, Nalbari WR Division rejected the application for the Site Visit Certificate by the communication dated 25.03.2026 on the ground that the

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Page No.# 5/8

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photographs which were submitted were in respect to the Site Visit Certificate which was issued on 16.02.2026. It is under such circumstances, the Petitioners apprehend that the Technical Evaluation Committee while evaluating the tender would reject the Petitioners’ Bid on account of non-compliance to Clause 7 of the Invitation to Bid dated 16.03.2026, and as such, has approached this Court.

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This Court has duly heard the learned counsels appearing on behalf of the parties and has also perused the materials on record. In terms of Clause 7(I) of the Instructions to Bidders, there is a requirement for the bidder to visit and examine the site of the work and its surroundings and obtain all information that may be necessary for preparing of the Bid and entering into a contract for construction of the work.

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In terms with Clause 12(A)(p) of the Instructions to Bidders there is a requirement of the bidders to submit the Site Visit Verification Report issued by the Executive Engineer along with the Technical Bid. In the foregoing paragraphs of the instant judgment, this Court has duly quoted the Site Visit Certificate dated 16.02.2026 which was issued by the Executive Engineer, Nalbari WR Division and from a perusal of the contents of the said Certificate clearly shows that the said Certificate was certifying that the bidder, i.e. the Petitioners herein duly

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Page No.# 6/8

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acknowledged that the Petitioners had studied the site conditions and local tropological conditions as regards the site pertaining to the workability, accessibility, public intervention if any, existing structures and its conditions which may interfere with the current/proposed work, availability of construction materials as per the BOQ and the detailed requirement of the work for participating in the tender process.

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Considering in the instant case that in respect to the same work, the Petitioners have been issued the said Site Visit Certificate on 16.02.2026 and it is the submission on the part of the learned Senior Counsel for the Petitioners that the Petitioners would not question if the work is awarded as regards the site conditions as well as what have been mentioned in the Site Verification Certificate dated 16.02.2026, it is the opinion of this Court that the said Site Visit Certificate dated 16.02.2026 can be taken into consideration by the Technical Evaluation Committee while evaluating the Petitioners tender pursuant to the Invitation to the Bid dated 16.03.2026.

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The above observation made by this Court is on the basis of the submission of the learned Senior Counsel for the Petitioners that though the Technical Bids were supposed to be opened on 26.03.2026, but on account of the Model Code of Conduct till date the Technical Bids have not been evaluated.

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Page No.# 7/8

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Accordingly, basing upon the submission recorded in the foregoing paragraph No.8, this Court therefore disposes of the instant writ petition with the following observations and directions:-

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(i) The Site Visit Verification Certificate No.WR /NLB/T49/SOPD-G/2019/261 dated 16.02.2026 issued by the Executive Engineer, Nalbari WR Division, Nalbari shall be considered by the Technical Evaluation Committee pertaining to the work, i.e. “Construction of embankment on L/B of river Mora-Pagladia from Pub-Barpit Bridge to Tribeni-Ghat including construction of sluice at Tribeni-Ghat” as the Site Verification Certificate.

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(ii) The Petitioners would be bound by the contents of the said Site Visit Verification Certificate dated 16.02.2026 and the Petitioners later on, if the work is awarded, cannot complain on the site conditions, local tropological conditions, whether the site is workable, accessible, public intervention if any, existing structures and its conditions which may interfere with the current/proposed work, availability of construction material as per the BOQ and detailed requirements of the work for participating in the tender process.

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Page No.# 8/8

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(iii) This Court duly clarifies that if the Technical Bids have already been evaluated and the Petitioners’ Bid had been cancelled prior to 09.06.2026, i.e. the date of filing the writ petition or for that matter the Financial Bids have been opened, the observations and directions in Clauses (i) and (ii) of the instant paragraph would not apply.

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JUDGE

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Comparing Assistant

M/S Unique Traders and Anr. v. the State of Assam and 2 Ors.

Case brief

What is this about?

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M/S Unique Traders and Anr. v. the State of Assam and 2 Ors.

Case brief

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