The court may grant interim relief in tender disputes if prima facie evidence suggests that a technical bid was arbitrarily rejected despite compliance with digital signature requirements.

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GAHC010102322026

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2720/2026

PURBANCHAL BUILDTECH PVT. LTD AND ANR

HAVING ITS REGISTERED OFFICE AT HOUSE NO. 2, SEWALI PATH, F.A.

AHMED NAGAR, SIXMILE, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM

REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. BHASKAR

GOSWAMI

2: MR. BHASKAR GOSWAMI

S/O- MR. AMBIKA PAD GOSWAMI.

R/O- BARGAON

DIV-RANGIA

P.S.- BAIHATA CHARIALI

DISTRICT-KAMRUP

ASSAM

VERSUS

THE STATE OF ASSAM AND ORS

REPRESENTED BY THE COMMISSIONER AND SPL. SECRETARY TO THE

GOVERNMENT OF ASSAM, PUBLIC WORKS ROADS DEPARTMENT,

DISPUR, GUWAHATI-781026, ASSAM

2:THE CHIEF ENGINEER (ROADS) PUBLIC WORKS ROADS DEPARTMENT

GOVERNMENT OF ASSAM

CHANDMARI

GUWAHATI- 781003

ASSAM.

3:THE CHAIRMAN

BID EVALUATION COMMITTEE REPRESENTED BY THE CHIEF ENGINEER

(ROADS) PUBLIC WORKS ROADS DEPARTMENT

GOVERNMENT OF ASSAM

CHANDMARI

GUWAHATI- 781003

ASSAM

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4:THE EXECUTIVE ENGINEER

PUBLIC WORKS ROADS DEPARTMENT

BONGAIGAON DISTRICT TERRITORIAL ROAD DIVISION

BONGAIGAON.

5:M/S MACROCOSM BUILDERS

HAVING ITS REGISTERED OFFICE AT B.B. ROAD

BARPETA

DISTRICT- BARPETA

PIN-781301

ASSAM REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI DEBADIB

DAS.

6:SRIMANTA SANKARDEV INFRACON PVT. LTD

HAVING ITS REGISTERED OFFICE AT S.S. ROAD

WARD NO. 3

ABHAYAPURI

P.O. AND P.S. ABHAYAPURI

DISTRICT- BONGAIGAON

PIN- 783384

ASSAM REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI RUDRA

KUMAR PATHAK

Advocate for the Petitioner : MR. A BORUA, MR. T J MAHANTA

Advocate for the Respondent : SC, PWD,

BEFORE

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 27.05.2026

Heard Mr. T. J. Mahanta, learned Senior Counsel, assisted by Mr. A. Borua,

learned counsel for the petitioners. Also heard Mr. B. Choudhury, learned Standing

Counsel, PWD, Assam.

The instant writ petition has been filed, assailing the rejection of the technical

bid of the petitioner in pursuant to NIT dated 20.01.2026, issued by the PWD

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Department for “Improvement and up-gradation of (1) Swahid Bedi to North

Salmara Junction Road (SH-2), (2) Talguri Basugaon Raod in the district of

Bongaigaon under Asom Mala 3.0 for the year 2025-2026 (Length=24.00 KM) (RE-

BID).”

Mr. Mahanta, learned Senior Counsel submits that the ground that has been

cited for rejection of his technical bid is in terms of Clause 26(1)(b) of the

Instructions to Bidder, which requires the bids to be uploaded online after those are

digitally signed.

The learned Senior Counsel has referred to a document, which has been

annexed at Page-483 as Annexure-N, which is a screenshot of the online submission

of the bid of the petitioner that shows the documents digitally signed on

01.02.2025 at 2:24 PM. In view of the aforesaid document, Mr. Mahanta, learned

Senior Counsel submits that the ground taken by the respondent authorities in

rejecting his bid is totally uncalled for and arbitrary on the face of it.

Mr. Choudhury, learned Standing Counsel, submits that he does not have

proper instructions in the matter today and prays for listing of the matter on next

Monday, i.e., 01.06.2026.

Taking into account the submissions and on perusal of the documents that

have been referred to by the learned Senior Counsel, this Court is of the prima facie

view that certain interim relief should be granted to the petitioner at this stage.

Therefore, it is directed that the respondent authorities, till 01.06.2026, will not

issue any work order (if not issued yet) in connection with the aforesaid NIT dated

20.01.2026.

List the matter again on 01.06.2026.

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JUDGE

Comparing Assistant

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