Back
GAHC040003422022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C) 124/2022
1:Aabang Yangfo and Anr.
Assistant General Secretary, All Arunachal Pradesh Volunteers Sena (AAVS)
Son of Shri Nungte Yangfo, a Resident of G Sector Yown Colony, Naharlagun, PO, Naharlagun, Papumpare District Arunachal Pradesh.
Ph 9362062601
2: Dunik Taru President All Lower Subansiri Youth Association (ALSYA)
Son of Late Dunik Tallang of Village Balam PO Rakha Lower Subansiri District Arunachal Pradesh.
Ph 879401634 VERSUS
1:THE STATE OF AP and 3 Ors.
2:The Executive Engineer Engineering Wing Department of Education Itanagar Govt of Arunachal Pradesh PO Itanagar Papum Pare District Arunachal Pradesh.
3:The Deputy Commissioner Lower Subansiri District Ziro Arunachal Pradesh PO Ziro
4:The M/s Samco Construction Co.
Represented by Proprietor Shri Tage Sambio Son of Late Tage Tailyang Village Tajang (Lempia)
PO and PS Ziro District Lower Subansiri Arunachal Pradesh Presently residing at Dorsia House Daying Ering Colony Itanagar PO and PS Itanagar Papumpare District Arunachal Prades Advocate for the Petitioner : Tayum Son Advocate for the Respondent :
BEFORE HONBLE MR. JUSTICE A M BUJOR BARUA
['Tayum Son', '', 'P Nabam', 'T Nech', 'T Tana', 'A Bodo', 'N Tate', 'GA AP']
ORDER
Date : 30-03-2022 Heard Mr. T. Torum, learned counsel for the petitioner. Also heard Mr. T.
Jamoh, learned counsel for the respondents in the Education Department as well as Mr. R. Basar, learned Junior Government Advocate for respondent Nos. 1 & 3.
The petitioner No. 1 who claims to be the Assistant General Secretary of All Arunachal Volunteers Sena (AAVS) and the petitioner No. 2, who claims to be the President of All Lower Subansiri Youth Association (ALSYA), by claiming that they do not have any vested interest nor are being pressurized from any corner to raised the dispute raised herein, has instituted this writ petition with a prayer that the bills of the contractor pursuant to the work package No. ED/EW-P/76(e- tender)/2018-19/60 “C/o Model Residential School at Linia” be not released, to cancel the NIT No. ED/EW-P/76(e-tender)/2018-19/60 and also for a direction to cancel the license of the private respondent on the ground of misleading and manipulating the authorities to get the work in a surreptitious manner.
Admittedly, whatever work was allotted to the private respondent was pursuant to a Notice Inviting E-Tender and in respect of the NIT the petitioners raises the contention that the same was not done by following the required procedure.
Without going into the merits of the allegations raised in the writ petition is a question of locus standi of the writ petitioners to raise such questions of any purported illegality that may have been made in awarding the contract work. On the question as to what legal rights of the petitioners have been violated so as to claim a locus standi to maintain the writ petition, no satisfactory answer is forthcoming. A petition under Article 226 is maintainable either on a fundamental or a legal right of the litigant who approaches the Court being violated and in absence thereof, the questions of locus standi would be relevant. In the circumstance, petitioners seeks not to press with this writ petition in the present form any further, with a liberty to approach again in any other appropriate form as may be acceptable in law.
Prayer for withdrawal granted with a liberty to approach again.
JUDGE
