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2012 Supreme(Gau) 533

A.K.GOSWAMI
Kamal Singh Dugar – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. I. Choudhury, Mr. R.M. Deka and Mr. N.J. Khataniar
For Respondents/Defendant:Mr. P. Chakravarty, SC, Education, Mr. R. Pathak, Mrs. P. Barman, Ms. S. Changkakoti, Mr. J.N. Gogoi, Ms. N. Gogoi, for R 3 and 4, Mr. P. Upadhyay, Mr. T. Bora and Ms. D. Sarma, for the Respondent No. 9

JUDGMENT

A.K. Goswami, J.

1. W.P. (C) No. 471/2011 has been filed under Article 226 of the Constitution of India, praying for setting aside and quashing the decision of the respondent Nos. 3 to 6 to reject the tender of the Petitioner submitted pursuant to the short Notice Inviting Tender, for short, (NIT), dated 7.1.2011 for construction of the balance work of RCC Building (Part of Ground Floor of Block-B of Master Plan) of Arya Vidyapeeth College with a further prayer to direct the respondents to consider the tender of the petitioner. W.P. (C) No. 472/2011 is also an application under Article 226 of the Constitution of India, praying for similar relief, as prayed for in W.P. (C) No. 471/2011, in respect of construction of RCC Building Girls' Common Room Ground and First Floor of Arya Vidyapeeth College.

2. This Court in both the cases on 28.1.2011, while issuing notice of motion, as an interim measure, had directed that no work order without obtaining leave of the Court shall be placed by respondent/authorities concerned in respect of the works covered by the NIT dated 7.1.2011.

3. The respondent No. 4, the Principal, Arya Vidyapeeth College, had filed an application for vacation, mo



























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