Gauhati High Court
Action Construction Equipment Ltd vs The State Of Assam And 5 Ors on 6 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/3
GAHC010088482019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2678/2019
1:ACTION CONSTRUCTION EQUIPMENT LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT-1956, HAVING ITS
OFFICE AT JAJRU ROAD, 25TH MILE STONE, MATHURA ROAD,
BALLABGARH, FARIDABAD, HARYANA, PIN-121004, WITH GUWAHATI
REGIONAL OFFICE AT NEAR CRPF CAMP, DHARAPUR, GUWAHATI, DIST.
KAMRUP(M), ASSAM, PIN-781033. THE COMPANY IS REP. BY SRI KUNWAR
SINGH, S/O OF R.K.SINGH, AGED ABOUT 41 YEARS, PRESENTLY SERVING
AS DEPUTY MANAGER, ACTION CONSTRUCTION EQUIPMENT LIMITED.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, ASSAM
SECRETARIAT, P.O. ASSAM SECRETARIAT, DISPUR, GUWAHATI, DIST.-
KAMRUP(M), ASSAM, PIN-781006
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
AGRICULTURE DEPTT. ASSAM SECRETARIAT
P.O.ASSAM SECRETARIAT
DISPUR
GUWAHATI
DIST.-KAMRUP(M)
ASSAM
PIN-781006
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
AGRICULTURE DEPTT. DISPUR
GUWAHATI
DIST.-KAMRUP(M)
ASSAM
PIN-781006
Page No.# 2/3
4:THE DIRECTOR
AGRICULTURE DEPTT. KRISHI BHAWAN
G.S.ROAD
P.O. KHANAPARA
DIST.-KAMRUP(M)
ASSAM
PIN-781022
5:THE CHIEF EXECUTIVE OFFICER
MEGA MISSION SOCIETY
CHIEF MINISTER SAMAGRA GRAMYA UNNAYAN YOJANA
G.S.ROAD
JAYANAGAR
KHANAPARA
GUWAHATI
ASSAM
PIN-781022
6:THE BID EVALUATION COMMITTEE
REP. BY ITS CHAIRMAN CUM COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM
AGRICULTURE DEPTT. DISPUR
GUWAHATI
DIST.-KAMRUP(M)
ASSAM
PIN-78100
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 06-05-2019 Heard Mr T J Mahanta, learned Senior Counsel, assisted by Mr S N Tamuly, learned counsel for the petitioner and Ms D Das Barman, learned Government Advocate, Assam, for the respondents.
On 29.04.2019, the following order was passed:-
"On the next date, learned Government Advocate, Assam, shall obtain instructions regarding opening of financial bids pursuant to Notice Inviting Tender (NIT) dated 04.02.2019 for the work- "Distribution of Tractor Page No.# 3/3 Unit under CMSGUY."
Today, when the matter is called upon, learned Government Advocate submits on the basis of written instructions received from the Commissioner and Secretary, Agriculture Department, Government of Assam that competitive bids received will be opened after the model code of conduct, which is in force in connection with the ongoing parliamentary elections is lifted. The date and time of opening of financial bids would be intimated in due course of time. Therefore, for the moment there is no possibility of opening of financial bids.
Issue notice, returnable within 3 (three) weeks.
Ms D Das Barman, learned Government Advocate, Assam accepts notice n behalf of all the respondents.
Extra copies within 3 (three) days.
Respondents to file affidavit within 2 (two) weeks, whereafter petitioner to file reply within 1 (one) week.
Case be listed on 29.05.2019.
In the meanwhile, as per decision of the respondents themselves, competitive bids of the bidders shall not be opened.
JUDGE Comparing Assistant