B.S. Reddy, C.J.

Background Facts:

1. The Chief Engineer, PWD (Roads), Assam, on behalf of the Government of Assam, invited bids for the standard bidding documents for 'construction of Flyover at Six Miles at the junction of G.S. Road and Rupkonwar Jyotiprasad Agarwalla Road under City Roads Division No. II' at the estimated cost of Rs. 39,14,43,000/- (Rupees thirty nine crore fourteen lakhs and forty three thousand).

2. The writ Appellant company and as well as the 4th Respondent, a construction company, submitted their bids in response to the said tender notice dated 30.5.2005. That in terms of the instructions to bidders, bids were to be submitted in two envelopes containing technical bid and price bid.

3. On 18.6.2005, envelopes containing the technical bids were open in the presence of the parties and upon evaluation of the technical bids, both the parties were required to attend the office of the Chief Engineer, PWD (Roads) on 26.7.2005 in connection with opening of envelopes containing the price bids. It was found that between the two parties, the Appellant's bid was the lowest (L1) with the price bid of Rs. 39,14,43,000/- (Rupees thirty nine crore fourteen lakhs and for