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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Devashis Baruah
Nitul Boruah, S/O Dharmeswar Boruah – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Government Of Assam, Forest And Department – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. D. Baruah, the learned counsel appearing on behalf of the petitioner. Mr. R.R. Gogoi, the learned Standing Counsel appears on behalf of all the respondents. I have also heard Mr. B. Gogoi, the learned Additional Advocate General, Assam who is also the Standing Counsel for the Finance Department, Government of Assam.
2. The petitioner herein has approached this Court being aggrieved by the Cancellation Corrigendum dated 19.05.2025 (hereinafter referred to as, “the impugned Cancellation Corrigendum”) issued by the respondent No. 4 and further seeking appropriate directions upon the respondents to issue the work order in favour of the petitioner in respect to the work of “Construction of Range Office-cum-Range Office Quarter, Garamur”.
BRIEF FACTS OF THE CASE
3. The Divisional Forest Officer, Majuli (T) Division, Garamur issued a Notice Inviting Tender dated 18.01.2025 inviting bids from eligible bidders for construction of Range Office-cum-Range Office Quarter, Garamur as well as for RCC building (Forest Guard/ Game Watcher/Grade-IV Quarter and Anti-poaching Camp).
4. The present writ petition relates to construction of Range Office- cum-Range Offic
Tender cancellations must comply with established guidelines to prevent arbitrary actions violating fair procurement principles.
The cancellation of a tender process before technical evaluation does not confer vested rights to bidders, and adherence to procurement laws is mandatory in future processes.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The cancellation of a tender process must be based on valid reasons and cannot be arbitrary or illegal. Supply orders issued as a result of the tender process should be respected unless legally chall....
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
Point of Law : Petitioner is not entitled to seek a direction to the respondent authorities to settle the Mining contract Area no. 1 in his favour just because he was the lone bidder and had emerged ....
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