Gauhati High Court
Page No.# 1/14 vs The State Of Assam on 26 November, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/14
GAHC010250412025
2025:GAU-AS:16226
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6505/2025
MD SEHNOWAZ AMIN
S/O-IMDAD ALIVILLAGE- CHAMATAPO-PASCHIM CHAMATA,DIST-
NALBARI, ASSAM- 781306.
VERSUS
THE STATE OF ASSAM,
REPRESENTED BY THECOMMISSIONER AND SPECIALSECRETARY TO THE
GOVERNMENTOF ASSAM, PUBLIC WORKS.ROADS DEPARTMENT, DISPUR,
2:THE CHIEF ENGINEER
PWD (ROADS)
CHANDMARI
GUWAHATI-03
ASSAM
3:THE EXECUTIVE ENGINEER
PWRD
NALBARI DISTRICT TERRITORIALROAD DIVISION
NALBARI
ASSAM
PIN-78133
Advocate for the Petitioner : MR. M ISLAM, MR J HUSSAIN,MR. M DEKA,MD S HOQUE
Advocate for the Respondent : SC, PWD ROAD,
Linked Case : WP(C)/6589/2025
Page No.# 2/14
MD. SEHNOWAZ AMIN
S/O- IMDAD ALI
VILLAGE- CHAMATA
PO- PASCHIM CHAMATA
DIST- NALBARI
ASSAM-781306.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC WORKS (ROADS) DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS)
CHANDMARI
GUWAHATI
ASSAM-781003.
3:THE EXCECUTIVE ENGINEER
PWRD
NALBARI DISTRICT TERRITORIAL ROAD DIVISION
NALBARI
ASSAM-781335.
------------
Advocate for : MD S HOQUE
Advocate for : SC
PWD ROAD appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : WP(C)/6525/2025
MD. SEHNOWAZ AMIN
S/O- IMDAD ALI
VILL.- CHAMATA
P.O. PASCHIM CHAMATA
DIST. NALBARI
ASSAM
PIN- 781306.
VERSUS
Page No.# 3/14
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC WORKS (ROADS) DEPARTMENT
DISPUR
GUWAHATI-06.
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS)
CHANDMARI
GUWAHATI
ASSAM-781003.
3:THE EXECUTIVE ENGINEER
PWRD
NALBARI DISTRICT TERRITORIAL ROAD DIVISION
NALBARI
ASSAM-781335.
------------
Advocate for : MD S HOQUE
Advocate for : SC
PWD appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : WP(C)/6543/2025
MD SEHNOWAZ AMIN
S/O IMDAD ALI
VILL- CHAMATA
P.O.- PASCHIM CHAMATA
DIST- NALBARI
ASSAM-781306
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC WORKS (ROADS) DEPARTMENT
DISPUR
GUWAHATI-06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS)
CHANDMARI
Page No.# 4/14
GUWAHATI
ASSAM-781003
3:THE EXECUTIVE ENGINEER
PWRD
NALBARI DISTRICT TERRITIORIAL ROAD DIVISION
NALBARI
ASSAM-781335
------------
Advocate for : MD S HOQUE
Advocate for : SC
PWD ROAD appearing for THE STATE OF ASSAM AND 2 ORS.
Linked Case : WP(C)/6638/2025
MD SEHNOWAZ AMIN
S/O- IMDAD ALI
VILL- CHAMATA
P.O- PASCHIM CHAMATA
DIST- NALBARI
ASSAM
781306
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC WORKS (ROADS) DEPARTMENT
DISPUR
GUWAHATI- 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS)
CHANDMARI
GUWAHATI
ASSAM-781003
3:THE EXECUTIVE ENGINEER
PWRD
NALBARI DISTRICT TERRITORIAL ROAD DIVISION
NALBARI
ASSAM-781335
------------
Advocate for : MD S HOQUE
Page No.# 5/14
Advocate for : SC
PWD ROAD appearing for THE STATE OF ASSAM AND 2 ORS.
Linked Case : WP(C)/6636/2025
MD. SEHNOWAZ AMIN
S/O- IMDAD ALI
VILL- CHAMATA
P.O- PASCHIM CHAMATA
DIST- NALBARI
ASSAM
781306
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC WORKS (ROADS) DEPARTMENT
DISPUR
GUWAHATI- 06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS)
CHANDMARI
GUWAHATI
ASSAM-781003
3:THE EXECUTIVE ENGINEER
PWRD
NALBARI DISTRICT TERRITORIAL ROAD DIVISION
NALBARI
ASSAM-781335
------------
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. S. Hoque, Advocate
For the Respondent(s) : Mr. B. Gogoi, Addl. AG, Assam
Page No.# 6/14
· Date on which Judgment was reserved : N/A
· Date of Pronouncement of Judgment : 26.11.2025
· Whether the pronouncement is of
the Operative Part of the Judgment : No
· Whether the full Judgment has been
Pronounced : Yes
JUDGMENT AND ORDER (ORAL)
Heard Mr. S. Hoque, the learned counsel appearing on behalf of the Petitioner in the batch of the writ petitions and Mr. B. Gogoi, the learned Additional Advocate General, Assam appearing on behalf of the Respondent Nos. 1, 2 and 3.
2. Taking into account that the issue involved in all these 6 (six) writ petitions raises common question of law and fact, all are taken up for disposal by this common order.
3. A Notice Inviting Tender was issued on 09.10.2025 whereby bids were invited in respect to 8 (eight) packages. The Petitioner herein being interested in 6 (six) packages out of the 8 (eight) packages submitted his bids. The 6 (six) packages in respect of which the Petitioner submitted bids were:
Sl. No. Name of LAC Name of work Package No. Estimated Bid Security (in Tender Completion District Amount Rs.) [Refer ITB Processin Period in (Rs. In clause Ref:16] g Fee (In months Lakhs) Rs.) Page No.# 7/14 1 2 3 4 5 6 7 8 9 1 Nalbari Tihu Construction of Road from Tihu_SOPD- 66.78 1,34,000.00 1,340.00 6 Piyadapara Supa road, Road G_2025-
from Chamata Barnibari road to 26_01 Mudiapara suburi, Belsor Jariyapara Suburi & Belsor Irrigation office to Belsor PHE road under SOPD-G for the year 2025-26.
2 Nalbari Tihu 1. Improvement of GWC Road Tihu_SOPD- 72.06 1,44,000.00 1,440.00 6 from Bala Bangaon Kali Mandir G_2025-
to Palla Road PWD link road 26_02 (GSB/GWC), 2. Improvement of Road from Khakharisal PHC to Paschim Khakharisal & kalita suburi via kumarpara (FOR GWC/GSB). 3. Construction of road from Barnaddi Jagyadham to Nalbari via Pakowa (20m) & Haribhanga to Paschim Borpit road & Balance length of Pub-
Bangaon-Tatipara road under SOPD-G for the year 2025-26.
3 Nalbari Tihu Construction of Road from Tihu_SOPD- 47.24 94,000.00 940.00 6 Chamata Barnibari road to G_2025- Belsor Paschim Napara to 26_03 Solmari Bholra under SOPD-G for the year 2025-26.
5 Nalbari Tihu 1. Reconstruction of road from Tihu_SOPD- 86.83 1,74,000.00 1,740.00 6 Dakhgin Bangaon (Dumora) to G_2025- Napara link, 2. Construction of 26_05 road from Bongaon Madrassa PWD Link Road to Bhagether Suburi road under SOPD-G for the year 2025-26.
6 Nalbari Tihu 1. Construction of Road from Tihu_SOPD- 54.22 1,08,000.00 1,080.00 6 Page No.# 8/14 Tihu Feeder road to Sankardev G_2025- Sishu Vidya Niketan School 26_06 Road, 2. Reconstruction of road from Kaithalkuchi station approach road and Protection work road from Nalbari Palla road to Simalla via 4 no.
Bihampur village under SOPD-G for the year 2025-26.
7 Nalbari Tihu Improvement of Nalbari Polla Tihu_SOPD- 37.88 76,000.00 760.00 4 Road, Bihampur-Belsor Road for G_2025- the Occasion of Durga Puja at 26_07 Sri Sri Billeswar Devalaya, Belsor in Nalbari District under SOPD-G for the year 2025-26
4. It is the requirement of the bid document and more particularly Part-A of the Instruction to the Bidders that the bidder is required to carry out a site visit and thereupon to obtain a mandatory Site Visit Certificate with verification from the concerned Engineer authenticating his visit to the site and submit the same along with the bid. Clause 7 of the Instruction to the Bidders being relevant is reproduced herein under:
"7. Site visit 7.1 The Bidder, at the Bidder's own responsibility and risk is bound to visit and examine the site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the works.
The Bidder shall obtain a mandatory Site Visit Certificate with Verification from Concerned Engineer authenticating his visit to the site of works and Page No.# 9/14 submit the same along with the Bid.
The costs of visiting the site shall be at the bidder's own expense.
The Bidder also acknowledges that prior to submission of Bid, he has, after a complete and careful examination, made an independent evaluation of the Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, suitability and availability of access routes to the Site and all information provided by the Employer or obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. The Employer makes no representation whatsoever, express, implicit or otherwise regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Bidder confirms that it shall have no claim whatsoever against the Employer in this regard."
5. It is further relevant to take note of that Clause 4.3 of the Instruction to the Bidders which stipulates what are the information to be provided. In terms with Sub-Clause (n) of Clause 4.3 of the Instruction to the Bidders, there is a requirement of submission of the Site Visit Certificate with verification from the concerned Engineer.
6. It is further relevant to take note of that in terms with the Appendix to the Instructions to the Bidders more particularly Clause 2(h), the bidder is also required to submit the Site Visit Certificate along with the bid with Page No.# 10/14 verification from the concerned Engineer specified in Clause 7.1.
7. The Appendix to the Instructions to the Bidders further provide the format of the Site Visit Certificate wherein it is required that the bidder shall enter the name of the bidder, the name of the work as published in the NIT as well as the date when the bidder visited the site.
8. It is further relevant to take note of that in terms with the Notice Inviting Tender dated 09.10.2025, the last date for submission of the bid was 03.11.2025 up to 2 PM. The record reveals that the Petitioner herein on 17.10.2025 requested the Respondent No.3 i.e. Executive Engineer, PWD, Nalbari Territorial Road Division, Nalbari to issue the Site Visit Certificate in respect to 8 packages. Thereupon on 24.10.2025, the Petitioner sent a reminder to the Respondent No.3 requesting for the Site Visit Certificate. However, it is the case of the Petitioner that in spite of those communications dated 17.10.2025 and 24.10.2025, the Petitioner was not issued the Site Visit Certificate in respect to the 8 packages. Thereupon, the Petitioner submitted his bids against 6 packages out of 8 packages, the details of which have already been provided hereinabove. Apprehending that the bids of the Petitioner in respect to the six packages would be cancelled for non-submission of the Site Visit Certificate, the Petitioner has approached this Court by filing the 6 (six) writ petitions presently being taken up for disposal.
9. This Court issued notices making it returnable today and further directed that the Respondent Authorities may evaluate the technical bid of Page No.# 11/14 the Petitioner but shall not reject the bid of the Petitioner on the ground of non-furnishing of the Site Visit Certificate.
10. Today, Mr. B. Gogoi, the learned Additional Advocate General appearing on behalf of the PWD has placed before this Court an instruction dated 25.11.2025 which is kept on record and marked with the letter "X".
11. A perusal of the said instruction reveals that the Petitioner submitted letters on 17.10.2025 and 24.10.2025 which were received on 22.10.2025 and 27.10.2025 respectively. It was mentioned in the instructions that while submitting the request letters for issuance of the Site Visit Certificate, neither the letters mentioned the date of visit nor in the Site Visit Certificate which is required to be filled up, the details pertaining to the date on which the sites were visited were kept blank. The Site Visit Certificates which were submitted by the Petitioner in respect to the 6 packages for obtaining the signature of the concerned Engineer have been also enclosed to the said instructions which has been kept on record and marked with the letter "X".
12. This Court finds it relevant at this stage to reproduce the Site Visit Certificate, the proforma of which is provided in Instructions to the Bidders.
"[Reference Cl.7.1] SITE VISIT CERTIFICATE (To be signed and submitted by the bidder during submission of Tender) Name of work:_____________________________________________________ Tender Package No.:________________________________________________ Location:_________________________________________________________ Page No.# 12/14 Pursuant to Clause 7.1 of ITB, I/We M/s. ____________________________________ (name of intended bidder) have visited the site of the proposed work, "____________________________________________________________________ _____________________________________________ (Name of work as per published NIT)" on ______________ (date of visit to site) and have duly examined the site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the works.
...............................................
Signature of bidder Name: _________________________ (Name with seal of the bidder) Verified By:
Executive Engineer Name with seal of the concerned Engineer) PWRD _______Division"
13. From a perusal of the above quoted proforma of the Site Visit Certificate, it would show that various details are to be filled up by the interested Bidder. Amongst the details to be filled up, it is also necessary to fill up the date of the visit of the site.
14. Now coming to the Site Visit Certificates which the Petitioner submitted in respect to the 6 packages, it is surprising to take note of that the Petitioner has not mentioned the date on which the Petitioner visited the sites in question. Rather it is kept blank.
Page No.# 13/14
15. Moving forward, a further perusal of the instructions shows that taking into account that the Petitioner had kept the date in the Site Visit Certificates blank, it was not possible on the part of the concerned Engineer to put his signature in the said Site Visit Certificates as requested. In this regard, it is also mentioned that a reminder was issued to the Petitioner on 27.10.2025 however then also, the Petitioner did not take any steps. The reminder dated 27.10.2025 is kept on record and marked with the letter "Y".
16. The learned counsel appearing on behalf of the petitioner submitted that non-filling of the date was not so fatal to deprive the Petitioner for Site Visit Certificate. He further submitted that it was a bonafide mistake and as such, directions be issued now also to provide the Site Visit Certificate so that the Technical Evaluation can be carried out of the Petitioner in respect to the six packages.
The said submission cannot be accepted for the reason that Clause 4.3(n) and 7.1 clearly mandates that the Bidder should visit the site and thereupon obtain a Site Visit Certificate as per the proforma of the Site Visit Certificate provided in the Instructions to the Bidders. Further to that, the mistake so committed does not appear bonafide but rather a case of lack of due diligence.
17. Taking into account that the petitioner did not submit the Site Visit Certificate which is required to be submitted as per the format which is mentioned in the Instruction to the Bidders, it is the opinion of this Court that the Petitioner is not entitled to the relief(s) as has been sought for in Page No.# 14/14 the instant batch of writ petitions.
18. Accordingly, all the writ petitions stand dismissed.
19. Interim order passed if any, stands vacated.
Bijoy Digitally signed
by Bijoy Saha
Saha
Date: 2025.12.03 JUDGE
13:34:57 +05'30'
Comparing Assistant