M/S Puberun v. The State of Assam and 3 Ors

ORDER

04.12.2023 Heard Shri SS Goswami, learned counsel for the petitioner. Also heard Shri B Choudhury, learned Standing Counsel, Agriculture Department, Assam.

¶2When this case was taken up on the last occasion i.e. 01.12.2023, the learned Standing Counsel was directed to have the instructions which have been procured today i.e. 04.12.2023.

¶3The matter pertains to a Notice Inviting Tender (NIT) issued by the Agriculture Department on 29.07.2023. The said NIT is with regard to supply of 25 numbers of Agro Plastic items for the years 2023-24 and 2024-25.

¶4It is the case of the petitioner that it had participated in the said process by submitting its bid. The grievance of the petitioner is, however, based on the alleged discrepancy on the part of the respondent authorities in dividing the items into two groups and the experience clause for the two groups were in variation.

¶5Shri Goswami, learned counsel for the petitioner has also referred to the Assam Public Procurement Rules 2020 and the Standard Bidding Document (Goods) of the Finance Department, Government of Assam to support his case.

¶6Shri Choudhury, learned Standing Counsel of the Department, however, submits that the technical evaluation of the bids has already been conducted in Page No.# 3/4 which the bid of the petitioner was not found to be technically responsive and there is no specific challenge to the said action. Nonetheless, he submits that the petitioner can still raise the grievance before the Director of Horticulture and Food Processing as there is a mechanism for redressal of such grievance. It is further submitted that all the points raised in this petition can be the subject matter of the grievance which may be expressed in a petition that may be submitted before the aforesaid Director.

¶7Shri Goswami, learned counsel for the petitioner, however, expresses apprehension that if, in the meantime, the settlement process is finalized, the petitioner would suffer immense prejudice and therefore, prays for certain observations to protect the rights of the petitioner till such consideration.

¶8Having regard to the rival submission made, this Court is of the opinion that instead of entering into the merits of the dispute by this Court, at this stage, it would be prudent to permit the petitioner to submit a detail representation expressing all the grievances before the Director of Horticulture and Food Processing which may be done within 07.12.2023.

¶9To balance the equities, it is, however, directed that till the time stipulated for submission of the representation, no final decision be taken towards settlement pursuant to the NIT in question. The Director of Horticulture and Food Proceeding on receipt of the representation shall consider the same and pass necessary speaking order(s) which may be communicated to the petitioner. Since a tender process is involved, the Director aforesaid may dispose of the representation as early as possible and till such disposal is made, the interim observation would continue to operate. Page No.# 4/4

¶10It is needless to say that the petitioner would be at liberty to approach this Court in case any further grievance arises.

¶11The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010268262023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6911/2023o M/SoPUBERUNo AoPROPRIETORIALoFIRMoREPRESENTEDoBYoTHEoSOLEoPROPRIETORoSHRIo PURNAoMAHANTAoHAVINGoITSoPRINCIPALoPLACEoOFoBUSINESSoAToDISHAo ENCLAVE,oR.G.oBARUAHoROAD,oDIST.oKAMRUP(M),oASSAM,oPIN-o781005. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o AGRICULTUREoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oANDoAGRICULTUREoPRODUCTIONoCOMMISSIONER oASSAMoAGRICULTUREoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDIRECTORoOFoAGRICULTURE oASSAMoANDoCHAIRMANoDEPARTMENTALoBIDoCOMMITTEEo(DBC)o KHANAPARA oGUWAHATI-22. 4:THEoDIRECTORoHORTICULTURE oANDoFOODoPROCESSINGo(FP) oASSAM oKHANAPARA oGHY-22o AdvocateoforotheoPetitionerooooo:oMR.oSoSoGOSWAMIo AdvocateoforotheoRespondento:oSC.oAGRICULTUREoo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI