MC(W.P.(C)) No. 38 of 2021

Page 1

IN THE HIGH COURT OF MANIPUR: AT IMPHAL

MC(W.P.(C)) No. 38 of 2021

(Ref.: W.P.(C) No. 26 of 2021)

Seryyo Hungyo, aged about (62) years S/o (L) China Hungyo,

Special Class Contractor, a resident of Bungba Village, Ukhrul

District, Manipur, presently residing at mantripukhri Marcy Land,

P.O. Mantripukhri & P.S. Heingang, Imphal East, Manipur-

795002.

… Applicant

-Versus-

1. Shri Murphy Thumrah, aged about 53 years old, presently

working as Special Class Contractor, S/o L. Daniel Thumrah,

a resident of Lunghar Village, Ukhrul District, P.O.& P.S.

Manipur-795142.

… Respondent / Petitioner

2. The State of Manipur, represented by the Chief Secretary,

Govt. of Manipur, having its office at Old Secretariat, South

Block, P.O. & P.S. Imphal, Imphal West District, Manipur-

95001.

3. The Principal Secretary (RD & PR), Govt. of Manipur, having

its office at Old Secretariat, South Block, P.O. & P.S. Imphal,

Imphal West District, Manipur -95001.

4. The Chief Engineer, Rural Engineering Department (RED),

Manipur

State

Rural

Roads

Development

Agency

(MSRRDA), Govt. of Manipur, 4^th Floor Secure its Office

Complex, At Line North AOC, Imphal, Manipur-795001.

... Performa Respondent

B E F O R E

HON’BLE MR. JUSTICE KH. NOBIN SINGH

For the applicant

:: Ms. Ayangleima, Adv.

For the respondents

:: Mr. N. Jotendro, Sr. Adv.

Mr. Niranjan Sanasam, GA

Date of Hearing

:: 11.03.2021

Date of Judgment & order

:: 22.03.2021

MAYAN

GLAMBA

M

CHANU

NANDINI

Digitally signed

by

MAYANGLAMB

AM CHANU

NANDINI

Date:

2021.03.22

16:58:06 +05'30'

MC(W.P.(C)) No. 38 of 2021

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O R D E R

[1]

Heard Ms. Ayangleima, learned Advocate appearing for

the applicant/ respondent No.4 while Shri N. Jotendro, learned

Senior Advocate for the respondent No.1/petitioner and Shri Niranjan

Sanasam, learned GA appears for the State respondents.

[2]

This is an application filed by the applicant/ respondent No.

4 praying for dismissal of the writ petition being WP(C) No.26 of

2021 on the inter-alia grounds that the said writ petition is not

maintainable and that the respondent No.1/ petitioner does not have

any locus standi to file it.

[3.1]

The writ petition being WP(C) No.26 of 2021 has been filed

by the respondent No.1/ petitioner questioning the validity and

correctness of the resolution dated 19-08-2019 of the Tender

Committee and work order dated 30-12-2020 issued by the Chief

Engineer (RED), MSRRDA, Government of Manipur in respect of the

Package No. MN09108 of PMGSY Phase-IX for construction of road

from LO26- Meiling to Ngaprum under Phungyar block of the Ukhrul

District, Manipur.

[3.2]

A NIT dated 28-11-2018 was issued by the Chief Engineer

(RED), MSRRDA, Manipur inviting tenders from the eligible

candidates in respect of various packages including the said

package. The respondent No.1/ petitioner along with the applicant/

respondent No.4 and others applied for the said package and all of

MC(W.P.(C)) No. 38 of 2021

Page 3

them were qualified in the Technical Bid. In the Financial Bid, both

the applicant/ respondent No.4 and the respondent/petitioner were

qualified as L2.

[3.3]

The applicant/ respondent No.4 filed a writ petition being

WP(C) No.627 of 2019 praying for cancelling all the bids of the

respondent Nos.4 & 5 therein, out of which the respondent No.1/

petitioner was the respondent No.4 and while the said writ petition

was pending, a decision was taken on 19-08-2019 by the Tender

Committee rejecting the bids submitted by 3(three) bidders in order

to re-float the tender. Since the NIT having been rejected, this Court

disposed of the said writ petition with the direction that the applicant/

respondent No.4 should submit a representation and in the event of

the same being submitted by him, the State respondents should

consider it and dispose of. In the said ord