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2026 Supreme(Online)(Gau) 19997
HIGH COURT OF GAUHATI
Sanjay Kumar Medhi, J
Sujit Kr. Ghosh – Appellant
Versus
State of Assam – Respondent
WP(C)/3387/2026
For the Appellants/Petitioners: Dr. B N Gogoi, T Taku
For the Respondents: GA, Assam, SC, Health
A writ petition seeking the issuance of a work order based on a tender process becomes infructuous if the tender process is cancelled by the authority, though the petitioner retains the liberty to challenge the cancellation order independently.
Headnote:The petitioner approached the court seeking a work order after claiming to be the lowest bidder (L1) in a tender process. During the proceedings, it was submitted that the tender process had been cancelled on 10.06.2026 due to procedural defects. The court considered whether the petition remained maintainable following the cancellation of the tender. It was observed that in view of the cancellation order, there was no further scope for adjudicating the present petition regarding the issuance of the work order. In view of the above, writ petition is dismissed, however with liberty to challenge the cancellation order dated 10.06.2026.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
24.06.2026
Heard Dr. B.N. Gogoi, learned counsel for the petitioner as well as Shri D.P. Bora, learned Standing Counsel, Health Department.
The grievance of the petitioner is with regard to non issuance of the work order pursuant to a tender process in which the petitioner had participated and claimed to be adjudged as the L1.
Shri Bora, the learned Standing Counsel has however submitted that the tender process has been cancelled on 10.06.2026 by citing that there were certain procedural defects in the said process.
A copy of the order dated 10.06.2026 is also placed on record.
This Court is of the opinion that in view of such development, there may not be any scope of adjudicating the present petition.
At this stage, Dr. Gogoi, the learned counsel for the petitioner submits that he may be given liberty to challenge the cancellation order dated 10.06.2026, if so advised.
In view of the above, writ petition is dismissed, however with liberty to challenge the cancellation order dated 10.06.2026. The aforesaid order dated 10.06.2026 is made part of the records.
Let a copy thereof also be furnished to the petitioner by Shri Bora, the learned Standing Counsel, Health Department during the course of the day.
