GAHC040003552024

IN THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

ITANAGAR PERMANENT BENCH

WP(C)/112(AP)/2024

1. M/s T.J. Enterprises, Aalo, Nehru Chowk, Aalo,

PO and PS Aalo, West Siang District, Arunachal Pradesh,

Represented through its proprietor,

Shri Toi Romin,

S/o Late Karto Romin,

Resident of Bopu Village,

PO and PS Liromoba, West Siang District,

Arunachal Pradesh.

……..

Petitioner

-Versus

1. The State of Arunachal Pradesh,

Represented by the Commissioner,

Department of Urban Development and Housing,

Government of Arunachal Pradesh, Itanagar.

2. The Commissioner,

Department of Urban Development and Housing,

Government of Arunachal Pradesh, Itanagar.

3. The Chief Engineer, Department of Urban Development and Housing, Government of Arunachal Pradesh, Itanagar.

4. The Surveyor of Works for the Chief Engineer, Department of Urban Development and Housing, Government of Arunachal Pradesh, Itanagar.

5. The Executive Engineer, Department of Urban Development and Housing, Aalo Division, Arunachal Pradesh. 6. M/s T. Gangkak Enterprises, Aalo, Likepatu Village, PO and PS Aalo, West Siang District, Arunachal Pradesh, Represented by its proprietor, Shri Tugo Gangkak, S/o Late Yumto Gangkak, Resident of Likepatu Village, PO and PS Aalo, West Siang District, Arunachal Pradesh.

…….Respondents - B E F O R E-

ROBIN PHUKAN HON’BLE MR. JUSTICE Advocate for the petitioner : Mr. D. Mozumdar, Sr. Advocate;

Mr. S.K. Deuri.

r the For the respondent No.1 to 5: Mr. N. Ratan, Addl. A.G., For the respondent No.6 :- Mr. T. Tagum, Date of hearing : 11.12.2024 Date of judgment : 08.01.2025 JUDGMENT & ORDER (CAV)

Heard Mr. D. Mozumdar, learned Senior Counsel assisted by Mr.

S.K. Deuri, learned counsel for the petitioner. Also heard Mr. N. Ratan, learned Additional Advocate General for the respondent Nos.

1 to 5 and Mr. T. Tagum, learned counsel for the respondent No. 6.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Minutes of Meeting, being Memo No. CEUD/PLG/MS-414/2023-24, dated 29.02.2024, issued by the Chief Engineer, Urban Development and Housing, Itanagar and signed by the Surveyor of Works, Department of Urban Development and Housing, Itanagar and also the Notice Inviting Bids (2^nd Call), dated 04.03.2024, issued by the Executive Engineer, Urban Development and Housing, Aalo Division.

3. It is to be noted here that vide impugned Minutes of Meeting dated 29.02.2024, the e-tender invited, vide ID No. 2024_APUDH_1552_1, dated 13.01.2024 for the work „Infrastructure Development of Government Secondary School at Kamba‟ was cancelled and vide impugned Notice Inviting Bids (2 nd Call) dated 04.03.2024, online item rate tender in double bid form, were invited from eligible enlisted contractors of APPWD, with appropriate level for the work „Infrastructure Development of Government Secondary School at Kamba‟ at an approximate value of Rs. 10,47,52,000.09/- only.

4. The background facts, leading to filing of the present petition, are briefly stated as under:

“The petitioner, along with respondent No. 6, had participated in the tender process floated by the Executive Engineer, Urban Development and Housing, Aalo Division by a Notice Inviting Bid, on 13.01.2024, by which online item rate tender, in double bid form, were invited from eligible enlisted contractors of APPWD, with appropriate level for the work „Infrastructure Development of Government Secondary School at Kamba‟ at an approximate value of Rs. 10,47,52,000.09/-. Their technical bid became successful and thereafter, their financial bids were opened on 13.02.2024 and having carrying out detailed evaluation of the bid prices submitted by the petitioner and the respondent No. 6, a comparative statement of quotation was prepared, wherein the petitioner had quoted an amount of Rs. 9,00,86,720/-, which was the lowest among the two bidders. Thereafter, the respondent authorities, vide impugned Minutes of Meeting, dated 29.02.2024, had cancelled t