Gauhati High Court
Page No.# 1/6 vs The State Of Nagaland And 4 Ors on 26 October, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/6
GAHC010247612023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6358/2023
NAGALAND CONTRACTORS AND SUPPLIERS UNION AND ANR
REPRESENTED BY ITS VICE PRESIDENT SRI HOSHITO ASSUMI,
AGED ABOUT 70 YEARS,
SON OF VEHATO ASSUMI,
RESIDENT OF PANCHAYAT LOWER CHANDMARI COLONY,
KOHIMA, NAGALAND, PIN- 797001.
2: TALI SANGTAM
SON OF LATE NUNGSHIMGREN SANGTAM
SECRETARY OF NAGALAND CONTRACTORS AND SUPPLIERS UNION
RESIDENT OF BAYAVU HILL
KOHIMA
NAGALAND
PIN- 797001
VERSUS
THE STATE OF NAGALAND AND 4 ORS
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF NAGALAND,
KOHIMA, PIN- 797004.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
NAGALAND
DEPARTMENT OF PWD(R AND B)
NAGALAND
KOHIMA
PIN- 797001.
3:THE CHIEF ENGINEER
PWD (R AND B) AND EMPOWERED OFFICER
Page No.# 2/6
NGRRDA
NAGALAND
KOHIMA
PIN- 797001.
4:THE STATE LEVEL STANDING COMMITTEE (PMGSY)
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT OF NAGALAND
KOHIMA
PIN- 797004.
5:THE SECRETARY TO GOVERNMENT OF INDIA
MINISTRY OF RURAL DEVELOPMENT
KRISHI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI
PIN- 110001
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : GA, NAGALAND
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 26.10.2023 Heard Mr. K. N. Choudhury, learned Senior counsel assisted by Mr. R. M. Deka, learned counsel for the petitioners. Also heard Ms. A. Gayan, learned CGC for the respondent No.5.
2. Matter pertains to the impugned Short Notice Inviting Tender (2 nd Call) issued by the Chief Engineer, PWD (R&B) and Empowered Officer, Nagaland Rural Road Development Agency, Nagaland, Kohima issued under No. Page No.# 3/6 NGRRDA/P-III/TENDER/2023-2024, published in the daily "Nagaland Post" on 13.10.2023.
3. By the said short notice inviting tender noted above, the Chief Engineer, PWD (R&B) and Empowered Officer, NGRRDA, Nagaland, Kohima on behalf of Governor of Nagaland invited Item Rate Tenders in electronic tendering system from approved and eligible class-I Contractors registered with Nagaland Public Works Department (NPWD) for 5(five) packages spread across the State (State of Nagaland) including maintenance for five years after construction under PMGSY-III Batch-I (2023-24).
4. Further by the said notice published in the "Nagaland Post" on 13.10.2023, the interested bidders were informed that bid document is available online and it should be submitted online on the specified website mentioned in the said NIT informing the bidders that they should register in the website that is free of cost and for submission of bids, the bidders must have valid Digital Signature Certificate (DSC) from one of the authorized Certifying Authority(CA), whereby, bids (NIT) were invited on 13.10.2023 specifying that the last date of availability of Bid Documents was 24.10.2023, last date for online submission of Bid was 24.10.2023 (06.00 PM), physical submission of bid scrutiny, other documents as prescribed in the SBD was 25.10.2023 (01.00 PM), opening of technical bid was 25.10.2023, declaration of eligible qualified bidders was to be informed at a later date and opening of financial bid was also to be intimated at a later date.
5. It is contended by the petitioners that in the said Short NIT (2 nd Call) Page No.# 4/6 noted above, though there is a mention about the five packages but it did not specify those five packages.
6. It is also urged by the petitioners that though pursuant to the order dated 28.09.2023, passed by the Hon'ble Division Bench in Writ Appeal No. 365/2023, whereby, the Chief Engineer, Road & Bridges (PWD), Kohima, Nagaland was directed to objectively consider and decide the representation of the petitioners that was submitted on 06.09.2023 by a reasoned order within a period of 15(fifteen) days from the date of the said order dated 28.09.2023 giving liberty to the petitioners to take recourse of the suitable remedy for ventilating its grievances against any adverse order while disposing of the said representation of the petitioners, Mr. K. N. Choudhury, learned Senior counsel on behalf of the petitioners placing the communication No. NGRRDA/P-III/Tender/2023-24/260 dated 12.10.2023 issued by the Chief Engineer, PWD (R&B) & Empowered Officer, NGRRDA, Nagaland, Kohima submitted that the said authority while disposing of the representation of the petitioners dated 06.09.2023 did not consider the same as directed by the Hon'ble Division Bench in its order dated 28.09.2023 noted above.
7. Hence, this writ petition by the petitioners.
8. Though this matter relates to the State of Nagaland and as the Kohima Bench of the Gauhati High Court at Kohima, Nagaland is presently under vacation up to 29th of October, 2023, therefore the petitioners have moved this writ petition before the Vacation Bench of the Gauhati High Court in its Principal Page No.# 5/6 Seat at Guwahati challenging the said communication of the Chief Engineer, PWD (R&B) & Empowered Officer, Nagaland Rural Road Development Agency, Nagaland, Kohima dated 12.10.2023 disposing of the representation of the petitioners dated 06.09.2023 allegedly without any valid reason and for issuance of the Short Notice Inviting Tender (2 nd Call) noted above published in the "Nagaland Post" on 13.10.2023, where the opening of the technical bid was fixed on 25.10.2023 and the last date for online submission of bid was 24.10.2023, though 23rd and 24th of October, 2023 in the State of Nagaland were holidays.
9. Issue notice.
10. The matter be listed before the Kohima Bench of Gauhati High Court on 6th of November, 2023 with due approval of His Lordship the Hon'ble Chief Justice in His administrative sides.
11. Till then, (i.e., 06.11.2023) the respondent authorities in the Nagaland Rural Road Development Agency, Nagland, Kohima shall not finalize with the Short Notice Inviting Tender (2nd Call) issued by the Chief Engineer, PWD (R&B) and Empowered Officer, Nagaland Rural Road Development Agency, Nagaland, Kohima issued under No. NGRRDA/P-III/TENDER/2023-2024 published in the daily "Nagaland Post" on 13.10.2023.
12. The Petitioners shall serve copies of this writ petition including the Page No.# 6/6 annexures thereto, to the respondent No. 1 to 4 at Kohima, forthwith obtaining necessary acknowledgments. The petitioners shall also serve copies of this writ petition including the annexures thereto on the learned CGC at Kohima for the respondent No.5 obtaining necessary acknowledgments.
13. List accordingly.
JUDGE Comparing Assistant