JUDGMENT :

S. Mehta, J.

The instant intra-Court writ appeal is preferred by the appellant herein for challenging the judgment dated 25.08.2022 passed by the learned Single Bench in WP(C) 2924/2021, accepting the writ petition preferred by the respondent no.6 herein/writ petitioner.

Brief facts:

1. A Notice Inviting Tender (NIT) dated 21.12.2020 was issued by the Chief Engineer, PWD (Roads Division), Assam, for construction of roads in the Bodoland Territorial Council (BTC) area under State Owned Priority Development-G (SOPD-G) for the year 2019-2020. The appellant Pabitra Boro as well as the respondent no.6 Bhaba Dev Mahanta, the writ petitioner and so also a few other bidders claiming to be qualified in all aspects participated in the bidding process for construction of the roads in question under package No. SOPD-G-19-20-47. The bids of the writ petitioner Bhaba Dev Mahanta as well as the appellant were declared to be technically responsive. The bids of the appellant and the writ petitioner were equal on financial aspects and both were equally placed on the price quoted. The bid of the appellant was accepted by the Chief Engineer.

Being aggrieved, the writ petitioner Bhaba Dev Ma