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2022 Supreme(Gau) 432

MANISH CHOUDHURY
Premier Energies Ltd. – Appellant
Versus
Assam Power Distribution Company Limited [APDCL] – Respondent


Advocates Appeared:
For the Petitioner:Dr. A.K. Saraf, Senior Advocate, Mr. R. Dubey.
For the Respondent: Mr. K.P. Pathak, Standing Counsel, APDCL.

JUDGMENT :

The writ petitioner in this batch of 5 [five] writ petitions, W.P.[C] no. 6381/2021, W.P.[C] no. 6414/2021, W.P.[C] no. 6415/2021, W.P.[C] no. 6417/2021 and W.P.[C] no. 6418/2021, instituted under Article 226 of the Constitution of India is the same and the respondents are also same.

2. The genesis of the lis is the publication of a Notice Inviting Tender [NIT] vide NIT no. APDCL/CGM[NRE]/NRE-36/2021-22/182 dated 08.09.2021 by the Assam Power Distribution Company Limited [APDCL] whereby a competitive e-bidding process was initiated for a project – ‘Off Grid Rural Electrification Works in District of Assam through Standalone Solar PV System on Turnkey Mode’ under DDUGJY New Scheme [‘the Project’, for short], which consisted of 17 [seventeen] nos. of packages. For the benefit of the interested bidders, an e-Tender Document was also published. It was a Single Stage Bid [Techno Commercial Bid] Envelope Bidding Procedure to be followed by e-bidding for Price Bids, as detailed in the Bidding Documents.

2.1. The e-Tender Document stated that the APDCL had been entrusted as t

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