JUDGMENT :

1. Heard Mr. D. Das, learned senior counsel for the petitioners in both the writ petitions. Also heard Mr. Y. Doloi, learned Additional Advocate General, Assam, appearing for all the respondents in WP(C) No. 1853/2016 and respondent Nos. 1, 3 to 29 in WP(C) No. 2744/2016 and Mr. B. Gogoi, learned counsel, Finance Department, appearing for the respondent No. 2 in WP(C) No. 2744/2016.

2. The subject-matter of the two writ petitions arise more or less out of the same issue and accordingly, the same had been listed together for consideration. As agreed to by the learned counsel appearing for the parties, the two writ petitions are taken up for disposal at the admission stage and by this common judgment and order, the same are being disposed of.

3. The common thread running through both the writ petitions, inter alia, is that the petitioner, which is a public limited company, is one of the largest composite Textile Mills in the country and its main business includes production, manufacturing and supply of yard-dyed-shirting, voiles, prints, linen, bleached white fabrics, rubia, value added and fashion denims, bottom weights, corduroys, school uniforms, corporate/institution uniforms, yams and ready-mades. The petitioner Company is equipped with world class technology manufacturing units at Navsari and Nadiad and it has the capacity to produce various kinds of premium fabrics.

4. The Director of Handloom & Textiles, respondent No. 2 in WP(C) No. 1853/2016, who is respondent No. 3 in WP(C) No. 2744/2016, vide e-tender dated 7.12.2015, had invited bids from registered manufacturers or their authorised dealers for the purpose of supply of 2/60s Mercerized Bleached Cotton Hank Yam and 2/60s Mercerized Dyed Cotton Hank Yam (Colour fast to sunlight and washing) to the weavers under Chief Minister's Special Programme for the year 2015-16 in 6 categories, namely, A, B, C, D, E, and F. Group A of e-tender was in respect of supply of 2/60s Mercerized Bleached Cotton Hank Yam and 2/60s Mercerized Dyed Cotton Hank Yam (Colour fast to sunlight and washing) for the districts of Tinsukia, Dibrugarh, Sivasagar and Golaghat, Group B for the districts of Jorhat, Nagaon and Morigaon, Group C for the districts of Dhemaji, Lakhimpur, Sonitpur and Udalguri, Group D for the districts of Kamrup, Kamrup (M), Nalbari and Barpeta, Group E for the districts of Bongaigaon, Dhubri, Goalpara, Kokrajhar, Chirang and Baksa, Group F for the districts of Cachar, Hailakandi, Karimganj, Dima Hasao and Karbi Anglong. The last date of submission of tender was 28.12.2015 up to 12:00 Noon and opening of the bid was also fixed on the very same day at 1:00 p.m.

5. The petitioner-company participated in respect of Groups C, D, E and F. The tender was designed on two-bid system, namely, Technical Bid (Part I) and Price Bid (Part II). After evaluation of the tender documents by the respondent-authorities, the petitioner-company was found to be successful in all the Groups that it had participated and accordingly, the Director of Handloom & Textiles issued work order dated 20.1.2016 in respect of the aforesaid Groups mentioning the quantity and the rate, which is the rate quoted by the petitioner. By the said order, the petitioner was requested to make necessary arrangement of supply of the materials within 45 days from the date of issue of the supply order. Pursuant to the aforesaid work order dated 20.1.2016, an agreement was entered into by and between the authorised representative of the petitioner-company and the Director of Handloom & Textiles on that very day. It is stated that production work was started immediately and goods were despatched by trucks on different dates and that the last despatch was made on 29.2.2016.60% of the despatched goods were received and acknowledged at the destination points of different Districts/Sub-Divisions of the State of Assam. The remaining 40% of the despatched goods had also reached the destination points for delivery on 4.3.2016