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SANJAY KUMAR MEDHI
Rana Construction And Engineers Pvt. Ltd. – Appellant
Versus
State Of Assam – Respondent
JUDGMENT & ORDER :
1. The nature of the grievance being similar in these two writ petitions filed by the same petitioner, the same are taken together for analogous hearing and are disposed of by this common judgment and order.
2. The issue briefly is with regard to the requirement in the tender notice to deposit the Bid Security and the Tender Document Cost by online payment. The amount as such is not the subject matter of dispute and it is only the manner prescribed which the writ petitioner has raised for a re-consideration by invoking the writ jurisdiction of this Court for a judicial review.
3. Before coming to the issue in details, it would be convenient to place the facts of the case in brief.
4. It may be mentioned that this Court has not gone into the detailed facts of the work connected as the same would not be relevant for adjudication of the dispute.
WP(C) No./ 5053/2022
5. This writ petition concerns a Notice Inviting Tender dated 19.07.2022 concerning 7 (seven) numbers of works which are:
(ii) T05- Rongsai to Borjhora Road (NEC),
(iii) MRL08-Rangauti Pt II to Chandrapur via Borbond Pt III,
(iv) T03-Subansah to Halogaon via Dha
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
The main legal point established is that state actions, including contractual matters, must be informed by reason and fairness, and any action uninformed by reason is arbitrary and unconstitutional.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Submission of Earnest Money Deposit (EMD) through bank guarantee was non-compliant with the mandatory electronic modes prescribed in the Detailed Tender Call Notice, and subsequent modifications to t....
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
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