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KAKHETO SEMA
Neibazo Pienyu Govt. Contractor And Supplier – Appellant
Versus
State of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
Heard Ms. Neiteo Koza, learned counsel for the petitioners and Mr. Imti Imsong, learned Addl. Advocate General for the State respondent No. 1 to 5. Also heard Mr. C.T Jamir, learned Sr. counsel assisted by Mr. I. Imchen for the respondent No.6.
2. The present petition has been filed for issuance of a writ in the nature of mandamus/certiorari or any appropriate writs for quashing and setting aside the Work Order No. CAWD/TRSY/2019-2020 (CHOZUBA) dated 05/10/2021 issued by the Executive Engineer (CAWD), Office of the Commissioner Nagaland, Kohima, allotting the work for construction of Sub-Treasury Office with Bank at Chozuba under Phek District to the respondent No. 6.
3. The facts of the case as can be gathered from the submissions and pleadings of the parties is that vide the letter No. FIN/TA/GEN/5-181/20 dated 28/05/2021 written by the Government of Nagaland, Finance Department (Treasuries & Accounts Branch) to the Principal Director, Directorate of Treasuries & Accounts, Nagaland, Kohima (respondent No.2), the administrative approval for construction of the Sub-Treasury Office building with SBI Branch at Chozuba under Phek District amounting to Rs. 2,97,26,285/-was sanc
The petitioner's lack of locus standi due to not fulfilling the technical qualification criteria and gross delay in approaching the court led to the dismissal of the writ petition.
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
Public interest and fairness must govern the tendering process, prohibiting judicial intervention in absence of mala fides or arbitrariness.
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