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2023 Supreme(Gau) 1321

ARUN DEV CHOUDHURY, KARDAK ETE
Balaji Enterprise – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.T. Tara.
For the Respondents: R.H. Nabam, T.T. Tagum.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. T.T. Tara, learned counsel appearing on behalf of the appellant. Also heard Mr. R.H. Nabam, learned Additional Advocate General, Arunachal Pradesh and Mr. T.T. Tagum, learned counsel for the respondent Nos. 9. Though respondent Nos. 7 and 8 were duly served through dasti service, none appears for them.

2. The background fact:

    (I) The present intra court appeal is preferred against the order dated 30.03.2023 passed by the learned Single Judge in WP (C) 158/2023.

(II) Pursuant to an IFB dated 02.09.2022, issued by the Executive Engineer, Sagalee Division, Public Works Department for the work ‘construction of road from Marung Gika to Panior Bridge Point via Sarchgai, Mate Kushuk and Pan, 21.00 k.m. under NESIDS 2nd Call, the petitioner along with the respondent Nos. 7, 8 and 9 and some other bidders offered their bids for the work in question.

(III) By an order dated 13.03.2023, issued by the respondent No. 5, the bid submitted by the petitioner and 12 others bidders were rejected for the reason of the same being technically non responsive for non-fulfillment of the eligibility criteria as per clause 4.2 and clause 2.0 (11) (iii) of the ITB.

(IV

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