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2026 Supreme(Online)(Gau) 11111
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah, J
MD. JIYAUR PASA – Appellant
Versus
THE STATE OF ASSAM AND 6 ORS – Respondent
WP(C)/2508/2026
For the Appellants/Petitioners: S Hoque
For the Respondents: B Gogoi, N Choudhury
Interim relief in tender disputes may be deferred if there is a significant delay in approaching the court and where the claims depend on the verification of factual reports, such as the filing of an FIR.
Headnote:The petitioner challenged a tender process for the improvement and upgradation of a road under Asom Mala 3.0, alleging that while an online bid was submitted, the petitioner was physically obstructed from submitting the required hard copy by a private respondent. It was further alleged that an FIR was lodged regarding this obstruction, but no action was taken, suggesting the tender process was rigged. The primary issue is whether the tender process was rigged and if interim directions are necessary to stay the proceedings. The court observed that the petitioner approached the court after a delay of five months from the date of the incident, which influenced the court's decision regarding immediate interim relief. The court issued notices to the respondents and directed the Superintendent of Police to submit a report on the status of the alleged FIR before considering any interim order.
| Table of Content |
|---|
| 1. procedural issuance of notices and service of petition to respondents. (Para 1 , 2 , 3 , 4 , 5) |
| 2. allegations of obstruction in tender submission and subsequent rigging. (Para 6 , 7 , 8 , 9) |
| 3. refusal of immediate interim relief due to delay and requirement of factual verification via police report. (Para 10 , 11 , 12 , 13) |
ORDER
Heard Mr. S Hoque, the learned counsel appearing on behalf of the petitioner.
2. Issue notice, making it returnable on 22.06.2026.
3. Mr. B Gogoi, the learned Addl. AG, Assam who is also the learned Standing Counsel PWD accepts notice on behalf of respondent Nos.1, 2, 5 and 6 and Ms. N Choudhury, the learned counsel who appears on behalf of the respondent Nos.3 and 4. Extra copies of the writ petition be served upon them during the course of the day.
4. With regard to respondent No. 7, the petitioner is directed to take steps by way of speed post within 2(two) days.
5. In addition to that, liberty is given to the petitioner to effect service upon the respondent No.7, by way of Dasti routed through the Registry of this Court and file an affidavit of service on or before the next date.
6. The case of the petitioner herein is that in pursuance to a Notice Inviting Tender dated 05.12.2025 issued by the respondent No.3, the petitioner submitted the online bid in respect to the work pertaining to improvement and upgradation of road from Tamulpur Goreswar Chowk to Goreswar College from Ch 0.000 km, (Tamulpur Goreswar Chowk). to Ch. 7.630 km(Goreswar College), under Asom Mala 3.0 for the year 2025-26.
7. The petitioner upon submission of the bid through the online mode went to submit the hard copy of the bid, as was required in terms with the tender conditions. However, the respondent No.7, along with his accomplices, stopped the petitioner from submitting the hard copy.
8. It is the further case of the petitioner that the petitioner submitted an FIR on the same day before the Officer-in- Charge of Kokrajhar Police Station as well as also to the Superintendent of Police, Kokrajhar. However, no action in that regard was taken.
9. It is the case of the petitioner, therefore, that as the petitioner was stopped by the respondent No.7 to participate in the said tender process by submitting the hard copy, the petitioner has assailed the notice to proceed with the work issued in favour of the respondent No. 7 on the ground that the entire tender process was rigged by the respondent No.7.
10. The learned counsel appearing on behalf of the petitioner submits that certain interim directions are required to be passed. In the opinion of this Court as the petitioner has approached this Court at a very late stage, i.e., after 5 months from the date of the incident, this court is not inclined to pass any interim order today without giving the respondents an opportunity to place their instructions. However, on the next date, this Court shall consider passing of an interim order upon instructions being placed.
11. This Court also finds it very relevant to take note of that the entire basis of the allegations made by the petitioner is dependent upon a report to be submitted by the respondent Nos.5 and 6 to the effect as to whether the petitioner had submitted an FIR as alleged in the instant proceeding and if such a FIR was filed, what actions were taken? The respondent No.5 is specifically directed to submit a report to that aforesaid effect on the next date.
12. List this matter accordingly.
13. On the next date, this Court depending upon the report so submitted, shall consider as to whether there is a necessity of passing any interim order or not.
