JUDGMENT :

1. The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India laying challenge to a decision taken by the respondent Mariani Municipal Board authorities to cancel a tender process initiated by a Short Notice Inviting Quotation [SNIQ] dated 04.02.2022 and the consequent decision of the respondent Mariani Municipal Board [‘the Municipal Board’, for short] authorities to initiate a fresh tender process for the same work by issuance of a Re-Notice dated 28.03.2022. The petitioner has sought for setting aside of the subsequent tender process initiated by the Re-Notice dated 28.03.2022 with a further direction to bring the tender process initiated by the SNIQ dated 04.02.2022, where it had participated, to its logical conclusion.

2. By the SNIQ dated 04.02.2022, the respondent no. 4 invited sealed quotations for supply of the following items :-

3. In response to the said SNIQ dated 04.02.2022, the petitioner participated in the tender process along with 5 [five] other bidders. The tendering authority through a Construction Committee [‘the Committee’, for short] constituted for the purpose, opened the bids on 08.02.2022 for evaluation in presence of the bidders. According to the petitioner, the petitioner’s bid was found responsive after evaluation of the bids of the 6 [six] participant bidders. When the petitioner was waiting with the expectation that it would be awarded with the supply and installation contract, the respondent Municipal Board authorities have issued a Re-Notice dated 28.03.2022 for supply of the following items :-

4. The petitioner no. 1, a partnership firm, has claimed that it is in the business of manufacturing and supply of various firm equipments, solid waste management equipments and other business. It has an UDYAM Registration Certificate as a micro firm from the Ministry of Micro, Small & Medium Enterprises [MSME], Government of India [GoI]. The petitioner has stated that it is an ISO 9001 : 2015 certified firm and is an authorised dealer and distributor of one of the largest principal solid waste recycling plant and equipment manufacturer in India. The petitioner has further stated that it has the experience of supplying and installing solid waste management plant and equipments for various Municipal Boards in the State of Assam, to the satisfaction of those Municipal Board authorities.

5. When the writ petition was moved, the Court while issuing notice to the respondents by order dated 05.04.2022, had observed, in the interim, that the respondent Municipal Board authorities could proceed with the processing the bids received pursuant to the Re-Notice dated 28.03.2022 but no final order awarding the contract shall be issued without the leave of the Court. The petitioner was also granted the liberty to participate in the subsequent tender process initiated by the Re-Notice dated 28.03.2022. During the pendency of the writ petition, an interlocutory application, I.A.[C] no. 3155/2022 has been preferred on behalf of the respondent no