HIGH COURT OF TRIPURA AGARTALA WP(C) No.183 of 2025 Abu Sufian, Son of Abdul Malik , resident of Jubarajnagar, Kailashahar, Unakoti, Tripura.

.………..Petitioner.

V E R S U S

1. The State of Tripura (To be represented by) the Secretary, Public works Department, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN-799010.

2. The Secretary, Public works Department, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN-799010.

3. The Chief Engineer, Public Works Department (Water Resource), Government of Tripura, O/o the Chief Engineer, PWD (WR), Government of Tripura, Kunjaban, Agartala, West Tripura, PIN-799006.

4. The Executive Engineer, Water Resource Division No.VI, Office of the Executive Engineer, Water Resource Division No.VI, Kailashahar, Unakoti, Tripura, PIN-799277.

5. The Technical Committee in c/w E-Tender ID 2024_CEWR_57897_1 (to be represented by) The Executive Engineer, Water Resource Division No.VI, Kailashahar, Unakoti, Tripura, PIN-799277.

6. M/S S.N. Bhattacharjee & Sons (to be represented by) Mr. Sourin Bhattacharjee, Proprietor, M/S S.N. Bhattacharjee & Sons, Address at Chandrapur, Dharmanagar, North Tripura, PIN-799251.

.………..Respondents For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate, Mr. Samarjit Bhattacharjee, Advocate, Mr. Dipjyoti Paul, Advocate.

For Respondent(s) : Mr. Kohinoor N Bhattacharyya, G.A., Mrs. Pinki Chakraborty, Advocate, Mr. Tanmay Debbarma, Advocate.

Date of hearing : 02.03.2026. Date of pronouncement : 13.03.2026.

Whether fit for reporting : YES.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON’BLE MR. JUSTICE BISWAJIT PALIT JUDGMENT & ORDER (M.S. Ramachandra Rao, C.J.)

The background facts:

1) The petitioner is a Class-1(A) category enlisted government contractor with experience in the field of construction related/civil engineering works requisitioned by various government departments.

2) On 31.01.2025 the Executive Engineer, Water Resource Division-VI, Kailashahar issued press notice inviting E-Tender from interested bidders for the following works:

“Raising and strengthening of Embankments along with anti erosion works under Unakoti District Tripura during the year 2024-25; Raising and strengthening of Katanala to Maguruli embankment near IBB fencing gate No. 55 at Devipur under Gournagar RD Block during the year 2024-25/SH; Raising and strengthening of embankment by earth filling and turfing for a length of 4.30 KM.”

3) The time period for completion of the said works was fixed at 90 days and the last date for document downloading and bidding was scheduled on 28.02.2025 at 5.00 p.m. The opening of the bids was scheduled for 28.02.2025 at 3.30 p.m. and the estimated cost of the said work was fixed at Rs.6,58,53,370/-.

4) The petitioner filed his bid with all the requisite and necessary documents as per the tender. Among them was also a certificate dt.25.11.2024 issued by the Addl. Chief Engineer, PWD (R&B), Hills, Assam certifying that the petitioner was a Class-1(A) category contractor under the said Department for the year 2024-2025 (Annexure-3- pg.46 in Writ Petition).

5) On 05.03.2025 the Executive Engineer, Water Resource Division-VI, Kailashahar (respondent No.4) wrote a letter (Annexure-4) to the petitioner mentioning that the petitioner stood first in view of his quotation of Rs.3,10,23,523/- which was 52.89% below the estimated cost of Rs.6,58,53,370/- and his tender is under acceptance of the competent authority. The said letter also mentioned that there was a complaint received against the petitioner from the 2^nd lowest tenderer M/s S.N. Bhattacharjee & Sons (respondent No.6) regarding the authenticity of petitioner’s enlistment under the Class-1(A) category. The petitioner was requested by the 4^th respondent to provide details of work done as Class-1(A) category contractor within two days.

6) The Chief Engineer, PWD, (WR Depar