GAHC010133662022 2025:GAU-AS:14420

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4591/2022

N E TRADE AND TRANSPORT AND ANR

A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT SREENAGAR, G.S.

ROAD, GUWAHATI- 781005, DISTRICT- KAMRUP(M), ASSAM,

REPRESENTED BY ITS PROPRIETOR, SHRI NEENA SAIKIA.

2: NEENA SAIKIA

DAUGHTER OF SRI PRANJIT SAIKIA

PROPRIETOR OF N.E. TRADE AND TRANSPORT

RESIDENT OF HOUSE NO. 3

LAKSHMI PATH

R.G. BARUAH ROAD

GUWAHATI- 781024

DISTRICT- KAMRUP(M)

ASSAM VERSUS

FOOD CORPORATION OF INDIA AND 5 ORS

A STATUTORY BODY, ESTABLISHED UNDER THE FOOD CORPORATION

ACT, 1964, HAVING ITS HEADQUARTERS AT NEW DELHI AND A REGIONAL

OFFICE AT GUWAHATI, G.S. ROAD, PALTANBAZAR, ABOVE FBB, MT

TOWER (3RD FLOOR TO 5TH FLOOR), GUWAHATI, KAMRUP(METRO),

ASSAM, PIN- 781008, REPRESENTED BY ITS CHAIRMAN AND MANAGING

DIRECTOR.

2:THE GENERAL MANAGER (CONTRACTS)

FOOD CORPORATION OF INDIA

ZONAL OFFICE (NE)

G.S. ROAD

G.L. PUBLICATION BUILDING

ULUBARI

GUWAHATI-7

DISTRICT- KAMRUP(M)

ASSAM.

3:THE GENERAL MANAGER FOOD CORPORATION OF INDIA ASSAM REGION G.S. ROAD PALTANBAZAR ABOVE FBB MT TOWER (3RD FLOOR TO 5TH FLOOR)

GUWAHATI KAMRUP(METRO)

ASSAM PIN- 781008.

4:THE ASSISTANT GENERAL MANAGER (CONTRACTS)

FOOD CORPORATION OF INDIA ASSAM REGION G.S. ROAD PALTANBAZAR ABOVE FBB MT TOWER (3RD FLOOR TO 5TH FLOOR)

GUWAHATI KAMRUP(METRO)

ASSAM PIN- 781008

5:THE EXECUTIVE DIRECTOR (NE)

ZONAL OFFICE NORTH-EAST ZONE FOOD CORPORATION OF INDIA G.S. ROAD G.L. PUBLICATION BUILDING ULUBARI GUWAHATI-7 DISTRICT- KAMRUP(M)

ASSAM.

6:THE DIVISIONAL MANAGER FCI DISTRICT OFFICE GUWAHATI-8 DISTRICT- KAMRUP(M)

ASSAM Advocate for the Petitioner : MR. P P BARUAH, MR. R SARMA Advocate for the Respondent : SC, F C I, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

28.10.2025 Date :

Heard Mr. P. P. Baruah, learned counsel appearing for the petitioner. Also heard Mr. P.

K. Roy, learned senior counsel, appearing for the respondent FCI, assisted by Mr. S. K.

Chakraborty.

2. This writ petition have been preferred by the petitioner assailing the order dated 06.10.2021, issued by the Executive Director (North East), Zonal Office, North-East Zone, FCI, Ulubari, Guwahati and also assailing the communication dated 11.06.2021, issued by the Assistant General Manager (Contract) for General Manager (R), FCI, Regional Office, Assam Region, Guwahati.

3. The petitioner had responded to a notice inviting tender issued by the FCI Regional Office, Assam Region, on 30.08.2019 and submitted his offer against the 5^th item at Part B of the NIT, namely, “ PART-B (ROAD TRANSPORT CONTRACT) (USE RTC MTE)

NB:- 1. The distances as stated above are indicative and shall be considered for Revision of Rates on account of any increase or decrease in diesel prices as per RTCMTF Clause XVIII, sub clause (b).

No request for increase in quoted rate (s) PER MT shall be considered on the plea of diversion/Change in route from point to point on any account.

All prospective bidders are advised to get fully acquainted with the distance before participating in the tender.

Further for the RTC stated in the table above the rates should be quoted as Per MT basis for the entire distance.

If rate is quoted otherwise i.e. PER MT PER KM, it shall be considered INVALID repeat INVALID.

NB:- 2) * If the value of the contract is less than Rs 7,50,00,000/- (Rupees Seven Crores & Fifty Lakhs), bidders without the requisite experience, can Participate subject to certain conditions. For other details regarding eligibility criteria, please see Point No. 3 of QUALIFICATION CONDITIONS of MTF.

NB:-3) Security Deposit comprising of i0 @ of VOC (in the form of NEFT/RTGS/ECS) AND ii) @ 15% of VOC ( in the form of an irrevocable and unconditional Bank Guarantee issued by a ‘Scheduled Commercial Bank’ notified by RBI (excluding all Urban/Rural/State Co- Operative banks and Gramin Banks) will be intimated to the successful tenderer during the is