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3. The petitioner is a registered partnership firm and claims to be involved in the execution of government infrastructure projects for the last forty years and is an active participants of various tenders issued by different authorities, particularly, in the Northeastern States and also successfully executed several government projects.

4. The case of the petitioner, in brief, is that Northeast Frontier railway issued a tender notice on 14.11.2019 for the work of earthwork in formation for making railway embankments, construction of minor bridges including blanketing work, construction of RCC drain and other connected ancillary works between the km277/0 to 298/0 between, Patiladaha (PTLD) (including)- Barpeta Road (BPRD) (including) DL Section of New Bongaigaon (NBQ) - Agthori (AGT) Page No.# 3/22 BG doubling projects. The petitioner participated in the said Tender process.

16. He referred to the case of Avijantrik Infratech Pvt. Ltd. Vs. The Union of India and Ors. reported in 2024 (1) GLT 275, wherein the writ petitioner/contractor submitted wrong credential which they do not possess and on consequent detection of the same the Railway Authority Blacklisted the petitioner.

17. Learned senior counsel, Mr. Dasgupta submits that pursuant to the above tender process initiated by the respondent railway dated 14.11.2019 the petitioner participated for the work for Earthwork in formation for making Railway embankment, construction of minor bridges, blanketing work, construction of RCC drain and all other connected ancillary works, construction of RCC drain and all other connected ancillary works between Km 298.00 to 317.73 between Barpeta Road(BPRD) (excluding) Pathsala(PBL) (including) DL section of New Bongaigaon (NBQ) Agthori(AGT) BG doubling project. The petitioner found to be L1 in the said tender process and accordingly Letter of Acceptance (L.O.A) vide letter dated 02.06.2020 was issued to the petitioner.

2000: INSC:416: (2000); SCC 529".

22. Due consideration has been extended to submissions advanced by the learned counsel for the parties and also perused the materials available on record.

23. Pursuant to the Tender process initiated by the respondent railway dated 14.11.2019 the petitioner participated for the execution work for Earthwork in formation for making Railway embankment, construction of minor bridges, blanketing work, construction of RCC drain and all other connected ancillary works, construction of RCC drain and all other connected ancillary works between Km 298.00 to 317.73 between Barpeta Road(BPRD) (excluding) Pathsala(PBL) (including) DL section of New Bongaigaon (NBQ) Agthori(AGT) BG doubling project. The petitioner found to be L1 in the said tender process and accordingly Letter of Acceptance (L.O.A) vide letter dated 02.06.2020 was issued to the petitioner.