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2011 Supreme(Gau) 947

BROJENDRA PRASAD KATAKEY
Kamal Singh Dugar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. N. Dutta, Sr. Adv., Mr. P. Mahanta and Mr. P. Gohain
For Respondents/Defendant:Mr. U. Rajbanshi, SC, PWD, for the Respondent Nos. 1 and 3, Mr.D.K. Mishra, Sr. Adv., Mr. P. Sarmah and Mr. B. Prasad, for the Respondent No. 5

JUDGMENT

B.P. Katakey, J.

1. A notice inviting tenders, in two bid system i.e. technical bid and financial bid, for shifting of Assam State Electricity Board (ASEB) "line and sub-station including dismantling of existing circuit at different locations under the jurisdiction of SESD, SESD-I, SESD-II, SESD-III & UESD of CAEDCL to facilitate the construction work of Silchar by-pass road (Package No. NH(Elect)/SIL/2010-11/04) with approximate value of Rs. 605.22 lakh, was issued by the Chief Engineer, PWD (NH Works), Assam, on behalf of Governor of Assam, pursuant to which 3(three) bidders, namely, Shri Kamal Singh Dugar (writ petitioner), M/r. Dutta Electricals (respondent No. 5) and M/s. Assam Electricals submitted their bids. The technical evaluation committee having found the bids of the writ petitioner and the respondent No. 5 being responsive, the Addl. Chief Engineer, PWD (Electrical), Govt. of Assam, vide communication dated 09.05.2011 informed the writ petitioner and the respondent No. 5 about the same and requested them to attend the office at the time of opening of the financial bids. The writ petitioner has challenged the decision of the technical evaluation committee as well
































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