Heard Mr. B. Chakraborty, the learned counsel for the petitioner as well as Mr. P.K. Roy, the learned Standing Counsel for the respondents.

2. The re-tender of the work of transportation of food grains/sugar/allied materials from Railway Siding/FSD Gossaigaon to FCI FSD Balajan via Weighbridge is the subject matter of challenge in the present writ petition filed under Article 226 of the Constitution of India.

3. The case projected by the petitioner in this writ petition is that the distance between Railway Siding/FSD Gossaigaon to FCI FSD Balajan via Weighbridge is 58 km. In respect of the same transportation work, the FCI authorities had earlier issued a NIT on 03.12.2015. In the said tender process, the contract was awarded to M/s. Sagar Basumatary for a period of 2 years at the quoted rate of Rs.902/- per MT. However, after about 6 (six) months from the commencement of the contract work, on the ground that the route of 58 km was not pliable, the FCI authorities had paid the said contractor charges at the rate of Rs.1771.84as against the contract rate of Rs.902/- per MT per KM. for the remaining 14 months out of total contract period of 22 months. The respondents had thereafter issued another NIT for the same work bearing No. S&C/1993/Assam/2017 dated 30.10.2017 for a period of 2 years without mentioning the distance of the route. The petitioner along with 2 (two) others, including the previous contractor had participated in the bidding process. The bid of one M/s. Radhika Express Service, though lowest, was found not technically responsive and the valid bid of the petitioner stood at second lowest i.e. L-2 at Rs.1,025/- per MT., followed by the L-3 bid of M/s. Sagar Basumatary at Rs.1,045/- per MT.

4. However, by assigning administrative reasons, the said NIT process was cancelled on 12.12.2017 by the respondent No.2. Thereafter, by a forwarding letter dated 13.12.2017, the earnest money of the petitioner was refunded on the ground that the petitioner was unsuccessful/could not participate in the tender. However, in the meanwhile, on 12.12.2017 itself, the respondents had issued a fresh NIT for same work bearing No. S&C/1882/AP/Assam/2017 dated 12.12.2017, bearing similar terms and conditions as contained in the previously scrapped NIT dated 30.10.2017, once again without mentioning the distance for the said work. While the petitioner had participated in the said tender process, but on 16.12.2017, the present writ petition was filed for (i) quashing and setting aside the order dated 12.12.2017, canceling the earlier tender process initiated vide NIT dated 30.10.2017, (ii) for quashing and setting aside the NIT dated 12.12.2017, and (iii) for a further direction to the respondents to award the said contract to the petitioner.

5. The respondents had contested this writ petition by filing their affidavit-in opposition, wherein by providing some calculations, the respondents had disclosed that in the re-tender process, M/s. Sagar Basumatary turned out to be the L-1 bidder by giving his bid of Rs.981/- per MT and accordingly, the respondents would be saving public money amounting to about Rs.14,75,000/- in the 2 year contract period. It was further stated that by the shortest route of DK Road –Tamarhat –Paglahat, the distance between Railway Siding/FSD Gossaigaon to FCIFSD, Balajan via weighbridge, as per NIT, was 58 kms., as such, the transportation cost worked out to be Rs.15.55 per MTper KM. However, as the said road was not in a pliable condition, the contractor had to take the route via Sarfangury-Dotma- Fakiragram-Beltoli-Gauripur Road (alternative road), which was 112.73 KM, the transportation cost of which worked out to Rs.1,753/- per MTper KM. It is also projected that, in view of the said road condition, in the cancelled tender dated 30.10.2017 as well as in the re-tender process dated 12.12.2017, the distance was not shown as such, the selected bidder would be paid at the rate of Rs.981/- per MT for the whole of