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2023 Supreme(Gau) 1435

MANISH CHOUDHURY
Hemanta Karmakar S/o Moni Mohan Karmakar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.P. Pathak, S.K. Goswami, K.N. Choudhury, N. Gautam.
For the Respondents: R.K. Deb Choudhury, D. Saikia, S. Bora, D.K. Das.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The same writ petitioner has preferred both the writ petitions - W.P. (C) No. 7967/2022 & W.P. (C) No. 523/2023 - under Article 226 of the Constitution of India to challenge two separate tender processes initiated by the same authority, that is, Mission Director, Samagra Shiksha, Assam (the respondent No. 4 in both the writ petitions).

2. The tender process, as assailed in the writ petition, W.P. (C) No. 7967/2022 (hereinafter also referred to as ‘the 1st Writ Petition’ at places, for easy reference), has been initiated by a Notice Inviting Tender (NIT) dated 01.11.2022 for Tender No. GEM/2022/B/2693580. The concerned tender process, as challenged in the writ petition, W.P. (C) No. 523/2023 (hereinafter also referred to as ‘the 2nd Writ Petition’ at places, for easy reference), has been initiated by a Notice Inviting Tender (NIT) dated 13.01.2023 for Tender No. GEM/2023/B/2982233. Both the tender processes are initiated for procurement of Dual Desks and Benches.

2.1. In the both the writ petitions, the petitioner has made more or less similar pray

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