ORDER :

1. Heard Mr. A. Zhimomi, learned counsel appearing for the appellant assisted by Ms. Lhousino, learned counsel. We have also heard Mr. Kekhriengulie, learned Addl. Advocate General appearing for the State respondents and Mr. R. Iralu, learned Sr. counsel appearing for the private respondent No. 1 assisted by Mr. L. Iralu, learned counsel.

2. This is a writ appeal directed against the judgment and order dated 05.03.2021 passed in W.P. (C) No. 97/2020.

3. The State of Nagaland floated an NIT bearing No. CE/NH/NG/2019-2020 wherein bids were invited for strengthening of the NH 61 (New NH 2) from zero Km to 6 Km, which was to have been carried out between 2019-2020, under National Highway Division No. 1 Kohima, on EEC mode with fund provided by the Ministry of Road Transport and Highway, Government of India. In the NIT, processing fee was given as Rs. 10,000/-. The appellant along with 3(three) others submitted their bids. The Committee found the bids of 3(three) out of the 4(four) including that of the appellant and the respondent No. 1 (the writ petitioner) responsive in the technical bid. Thereafter, the Committee examined the financial bids of the 3(three) bidders and, the bid