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IN THE HIGH COURT OF GAUHATI
A.K.GOSWAMI, J.
Mega Electricals Dihang Edutech Infrastructure Private Limited (M/s) & Ors. – Appellants
Vs.
State of Assam & Ors. – Respondent
WP (C) No. 249 of 2012
Decided On: 17.05.2012
Constitution of India - Article 226 - Negotiable Instruments Act, 1881 - Section 5, 7, 13, 10, 85A - General Conditions of Supply and Erection, 2009 - Nature of Certiorari - Authorities to set aside and quashed - call for the records - premises aforesaid, it is therefore prayed your Lordships would be graciously pleased to admit this petition, call for the records of the case, issue a Rule directing the respondents to show cause as to why a writ in the nature of Certiorari and/or any other appropriate writ, order or directions of like nature shall not be issued, directing the respondent authorities to set aside and quashed the decision of the Tender Purchase Committee Meeting held in respect of Bid submitted by the petitioners for execution of the work namely, Design, Supply, Construction & Commissioning of 33 KV double circuit line (length 13.00 Km Approx.) Sub-Station against the specifications of Power Distribution Company Limited (RE) and/or a writ in the nature of Certiorari and/or any other appropriate writ, order or directions of like nature shall not be issued, directing the respondent authorities to set aside and quash the letter issued by Chief General Manager (RE), APDCL in respect of decision of Tender Purchase Committee for bid security of the petitioners and/or a writ in the nature of Certiorari and/or any other appropriate writ, order or directions - Held, Court, in presence of the learned Standing counsel, ASEB, had passed an interim order that the work in question covered by the NIT shall not be finalized till the next date fixed and the said interim order was continued subsequently in presence of all the parties. By filing an additional affidavit, the writ petitioners had brought to the notice of the Court that the work order had been issued to the respondent No. 6. It was also stated that as the copy of the work order was not made available, they were unable to produce the same and as such prayed for a direction to the respondents to produce the same. In view of the prayer made in the writ petition wherein the decision making process to allot the work order to the respondent No. 6 and any other consequential order, after arbitrarily rejecting the tender of the petitioner No. 1, has been impugned, this Court is unable to accept the contention of Mr. Das that no interference is called for with the impugned order issued in favour of the respondent No. 6. - Allotting the work pursuant to the NIT is set aside and quashed and the respondent authorities are directed to reconsider the technical bid of the writ petitioner No. 1 treating the earnest money deposit to be a valid deposit and thereafter, shall proceed to finalize the tender in accordance with law - Writ petition is allowed. No costs.
A.K. Goswami, J.
1. This writ application under Article 226 of the Constitution of India has been filed with the following prayers:
In the premises aforesaid, it is therefore prayed that your Lordships would be graciously pleased to admit this petition, call for the records of the case, issue a Rule directing the respondents to show cause as to why a writ in the nature of Certiorari and/or any other appropriate writ, order or directions of like nature shall not be issued, directing the respondent authorities to set aside and quashed the decision of the Tender Purchase Committee Meeting held on 29.11.2011 in respect of Bid submitted by the petitioners for execution of the work namely, Design, Supply, Construction & Commissioning of 33 KV double circuit line (length 13.00 Km Approx.) from Mintriang SHEP to 220/33 KV Sub-Station under Karbi Langpi HEP at Karbi Anglong District of Assam, against the specifications No. ASEB/CGM(RE)/APDCL/Tech-001/Mintriang-SHEP/2011-12/08 of Assam Power Distribution Company Limited (RE) and/or a writ in the nature of Certiorari and/or any other appropriate writ, order or directions of like nature shall not be issued, directing the respondent authorities to set aside and quash the letter dated 16.12.2011 issued by Chief General Manager (RE), APDCL in respect of decision of Tender Purchase Committee for bid security of the petitioners and/or a writ in the nature of Certiorari and/or any other appropriate writ, order or directions of like nature shall not be issued, directing the respondent authorities to set aside and quash any decision of the respondent authorities to issue work order in favour of respondent No. 6 and any other consequential order thereto and/or as to why a writ in the nature of Mandamus and/or any other appropriate writ, order or directions of like nature shall not be issued, directing the respondent authorities not to award the work of Design, Supply, Construction and Commissioning of 33 KV double circuit line (length 13.00 Km Approx.) from Mintriang SHEP to 220/33 KV Sub-Station under Karbi Langpi HEP at Karbi Anglong District of Assam, against the specifications No. ASEB/CGM(RE)/APDCL/Tech-001/Mintriang-HEP/2011-12/08 of Assam Power Distribution Company Limited (RE) to the respondent No. 6 and/or issue a writ in the nature of Mandamus and/or any other appropriate writ, order or directions of like nature shall not be issued, directing the respondent authorities to accept the bid document, bid security along with Earnest Money Deposit of the petitioners which has been deposited of the petitioners which has been deposited in favour of Chief General Manager (RE), APDCL for execution of the Design, Supply, Construction & Commissioning of 33 KV double circuit line (length 13.00 Km Approx.) from Mintriang SHEP to 220/33 KV Sub-Station under Karbi Langpi HEP at Karbi Anglong District of Assam, against the specifications No. ASEB/CGM(RE)/APDCL/Tech-001/Mintriang-SHEP/2011-12/08 of Assam Power Distribution Company Limited (RE) and/or to issue work order in favour of the petitioners Joint Venture Consortium to award the work of Design, Supply Construction & Commissioning of 33 KV double circuit line (length 13.00 Km Approx.) from Mintriang SHEP to 220/33 KV Sub-Station under Karbi Langpi HEP at Karbi Anglong District of Assam, against the specifications No. ASEB/CGM(RE)/APDCL/Tech-001/Mintriang-SHEP/2011-12/08 of Assam Power Distribution Company Limited (RE), after perusal of materials on record and after hearing the parties your Lordships may be pleased to make the Rule absolute and/or may be pleased to pass any other order or orders so as to give full and complete relief to the petitioners and/or may be pleased to pass such further or other order(s) as your Lordships may deem fit and proper.
The petitioner No. 1 is a Joint Venture Consortium (JV), constituted by the petitioner Nos. 2 & 3 for the purpose of Design, Supply, Construction and Commissioning of 33 KV double circuit line (
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