Prasanta Kumar Saikia, J.

1. This proceedings has been initiated seeking following reliefs:-

"In the premises aforesaid, it is most respectfully prayed that your Lordship may be please to admit this petition, call for the records of the case, issue notice calling upon the respondent to show causes as to why a writ of mandamus as prayed for should not be issued quashing and setting aside the impugned order No. Tour/ENGG-601/2013-14, dated Kohima, the 30th January, 2014 (Annexure 'B' to the writ petition) and further direct the State respondents to call for NIT in connection with the work for construction of Tourist Reception Centre at Mekokla, Vill, Wokha, Nagaland. And or be further pleased to pass such other order or orders as your Lordship may deem fit and proper".

The facts necessary for disposal of the present proceeding, in short, are that the petitioner herein is the attorney holder of M/s. A.T. Jami & Sons. On the strength of power of attorney, the petitioner has filed the present proceeding against the State respondents and M/s. Mhaden Shitiri seeking reliefs, aforementioned.

2. It has been stated that for development of Tourism in State of Nagaland, Department of Tourism had undertaken a project for establishment of various Tourist Reception Centres in the different villages in the State of Nagaland. Such programme has been initiated since 2011.

3. The subject matter in the present proceeding pertains to allotment of work for construction of Tourist Reception Centre at Mekokla Village, under Wokha District, cost of which was estimated at Rs. 45,82,810/- only. The petitioner hails from Mekokla village where the work in question was to be implemented. The petitioner was aware of the fact that the Government has undertaken to construct Tourist Centre at Mekokla village as well and as such he was under impression that in course of time NIT would be called for seeking bids from the prospective bidders for construction of Tourist Centre at Mekokla village.

4. However, in the month of April, 2014, the petitioner came to know that the work for construction of Tourist Reception Centre at Mekokla village was awarded in favour of the respondent No. 5 in a most surreptitious manner without floating NIT which is one of the foremost conditions for settling Government legacy. On coming to know about the settlement of the aforesaid contract in favour of the respondent No. 5, the petitioner filed an application under RTI Act seeking copy of the work order and also information about the release of fund for executing the work awarded to the respondent No. 5.

5. In response to such query, the authority concerned vide letter dated 5.5.14, furnished a copy of the work order dated 30.01.14 to the petitioner. However, no information could be given in regard to the second query on the ground that the department was yet to receive necessary sanction against the scheme.

6. According to the petitioner, a certain well established mechanism has been put in place for regulating the settlement of Govt. contract and in that connection, the Nagaland Public Works and Accounts Rules/Codes, 2012 and Central Public Works Department Code have been referred to. According to all those Codes and Rules, before awarding the Govt. contract, there should be wide publicity so that the prospective bidders are aware of the floating of Government works so that work can be executed in a best possible way, and that too, at a very competitive rate.

7. However, all these formalities which are to be followed very strictly and meticulously by all the departments have been thrown to the wind for favouring ones blue eyed boys of the department at the cost of public exchequer and quality work. The, petitioner, therefore, approached this Court seeking aforesaid reliefs.

8. The notice of proceeding was served on the respondents. The State respondents as well as the private respondent have entered appearance and having filed separate counter affidavits, they contested the claim of