Non-commencement of work allows for cancellation of administrative approvals under Article 226, ensuring public fund utilization.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. M. K. Choudhury, the learned Senior counsel assisted by Mr. P. Bhardwaj, the learned counsel appearing on behalf of the Petitioners in the batch of five writ petitions and Mr. A. K. Bhuyan, the learned Senior Standing counsel appearing on behalf of the BTC.

2. The Petitioners in the present batch of five writ petitions are aggrieved by the decision taken on 14.10.2025 by the Executive Council of Bodoland Territorial Council whereby it was decided that in respect to those contracts where no work order(s) against the Scheme have been issued and where work order have been issued but the work have not started, the Administrative Approval would be cancelled. The fall out of the said decision have further aggrieved the Petitioners inasmuch as the work orders qua the Petitioners have been cancelled and fresh Notice Inviting Tenders/Short Notice Inviting Tenders have been issued. It is under such circumstances, the present five writ petitions have been filed.

3. The question arises in the instant proceedings is whether this Court should exercise its jurisdiction under Article 226 of the Constitution in the present facts and circumstances.

4. The materials in each of the writ petitions are detailed herein under:

WP(C) No.7254/2025:

5. A Notice Inviting Tender dated 09.06.2025 was issued for construction of Muthra FIS at Magurmari (Head works part) under PMKSY-HKKP for the year 2021-22 at Suklai Serfang Goreswar Division (Irrigation), Goreswar. The Petitioner was issued a Letter of Acceptance on 15.07.2025 and further the Petitioner was also directed to furnish the performance guarantee as per the tender conditions. Pursuant thereto, on 23.07.2025, upon furnishing the requisite performance security, the Petitioner was issued the notice to proceed with the work. It was mentioned in the notice to proceed that the time for completion of the work was 12 (twelve) months. Admittedly, the Petitioner herein did not start the work and this aspect is apparent from the report of the physical progress given by the Executive Engineer, Suklai Serfang Goreswar Division which the Petitioner does not contest.

6. The record further reveals that on 14.10.2025, a decision was taken in the Executive Council of the Bodoland Territorial Council wherein amongst others, it was decided to cancel all administrative approvals where no work order against the Scheme was issued and where work order has been issued but work not started at the site. Pursuant to the said decision, the Secretary, Bodoland Territorial Council issued a communication dated 15.10.2025 to the Council Head of the Department, Irrigation Department, BTC, Kokrajhar to cancel all tenders where work orders have not been issued or where work had not been started.

7. The record further reveals that pursuant thereto, there was a verification carried out by the Irrigation Department of the BTC and amongst the various works, the work of the Petitioner was also came within the purview of cancellation inasmuch as there was no work started in the site. Resultantly, vide a communication dated 28.11.2025, the Additional Chief Engineer cum CHD, Irrigation, BTC had cancelled the formal work order issued to the Petitioner and thereupon on 1st of December 2025, an invitation for bids was issued in respect to 100 new SMI Schemes which included the contract work which was awarded to the Petitioner. It is further relevant to take note of that the last date for submission of the bid is on 23.12.2025 as per the invitation for the bids dated 01.12.2025. The Petitioner being aggrieved by issuance of the cancellation vide the communication dated 28.11.2025 as well as the invitation for b