M/S G.T Enterprises v. The State of Ap and 7 Ors

ORDER Date : 24.02.2023 Heard Mr. T. Tayeng, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate representing the State respondents. Page No.# 3/5 The order put to challenge in this writ petition is a communication dated

10.02.2023, issued by Superintending Engineer, Public Work Department, Boleng Circle, stated to have been received by the petitioner by an e-mail on

10.02.2023, whereby, it has been informed that the bid submitted by the petitioner pursuant to NIet dated 11.11.2022, issued by the Executive Engineer, Rumgong Division, Public Works Department, Arunachal Pradesh, vide NIT No. RUM/Works/NHM/NIT/2022-23 for construction of "6 Bedded Day Care at PHC, Pessing, Siang District" has been found to be non-responsive. The contention of the petitioner in the writ petition assailing the aforesaid impugned rejection e-mail dated 10.02.2023 is that no reason has been assigned for rejection of the petitioner's bid. In view of the above, this Court by an order dated 21.02.2023, had directed the learned Senior Government Advocate to receive instruction in the matter. Pursuant thereto, the learned Senior Government Advocate has produced before this Court a letter dated 04.02.2023, written to the petitioner by the Executive Engineer, Rumgong Division, PWD, A.P. vide No. RUM/NIT/NHM/2022-23/825-827, whereby, the petitioner was informed that the bid submitted by the petitioner was found to be non-responsive on account of non-submission of original Solvency Certificate and original Banker's Certificate as per Clause no. 23 & 7 of Special Conditions, Rules and Amendments of Contract in the SBD. The learned counsel for the petitioner submits that the aforesaid letter dated 04.02.2023, produced by the learned Senior Government Advocate was not communicated to the petitioner until the instant writ petition was Page No.# 4/5 filed on 16.02.2023. However, he submits that petitioner has informed him that the letter dated 04.02.2023 has been received by the petitioner on

22.02.2023. A copy of the aforesaid letter dated 04.02.2023 has now also been furnished to Mr. Tayeng, learned counsel for the petitioner by Mr. Tapin, learned Senior Government Advocate. Though the learned Senior Government Advocate has contended that the letter dated 04.02.2023 was communicated to the petitioner, but, since the petitioner is disputing the receipt of the aforesaid letter dated 04.02.2023, until the writ petition was filed on 16.02.2023 and Status-quo order dated

21.02.2023 was passed by this Court, It is deemed appropriate that an opportunity may be granted to the petitioner to assail the letter dated

04.02.2023, written to the petitioner by the Executive Engineer, Rumgong Division, PWD, A.P., by means of filing a fresh writ petition, if so advised. To enable the petitioner to file a fresh writ petition, if so advised, challenging the aforesaid letter dated 04.02.2023, written to the petitioner by the Executive Engineer, Rumgong Division, PWD, A.P., 10 days time is granted to the petitioner. Accordingly, Status-quo order dated 21.02.2023 passed in this writ petition is extended for further 10 days from today. A copy of the letter dated 04.02.2023, written to the petitioner by the Executive Engineer, Rumgong Division, PWD, A.P. vide No. RUM/NIT/NHM/2022-23/825-827, produced before this Court by the learned Senior Government Advocate is taken on record which shall form part of the record and shall be marked as "X" for identification. Page No.# 5/5 It is needless to say, if the petitioner does not file a fresh writ petition within the period stipulated herein above, the Status-quo order passed on

21.02.2023, extended for 10 days shall cease to operate after expiry of 10 days. The writ petition stands disposed of with the above direction. JUDGE Comparing Assistant

Page No.# 1/5 GAHC040002222023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 98/2023 1:M/s G.T Enterprises Represented by its Proprietor Tajing Tatak, having its registered office at Village Pessing, PO and PS Jomlo Mobuk, Siang District, Arunachal Pradesh. VERSUS 1:THE STATE OF AP and 7 Ors. Represented by the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar. 2:The Commissioner (Public Works Department) Govt. of Arunachal Pradesh Itanagar. 3:The Chief Engineer Central Zone B Public Work Department Govt. of Arunachal Pradesh Itanagar. 4:The Superintending Engineer Public Work Department Boleng Circle Govt. of Arunachal Pradesh Itanagar. 5:The Executive Engineer Rumgong Division Public Work Department Siang District Page No.# 2/5 Arunachal Pradesh. 6:The Tender Scrutiny Board Headed by its Chairman the Superintending Engineer Public Work Department Boleng Division Camp Pasighat East Siang District Arunachal Pradesh. 7:M/s Rokom Siang Enterprises Represented by its Proprietor Shri Taja Tatin having its registered office at Village Lorging PO Pessing PS Rumgong Siang District Arunachal Pradesh. 8:M/s KBAKT Enterprises represented by its proprietor Smty. Yaman Talom having its registered office at Rumgong PO/PS Rumgong Siang District Arunachal Pradesh Advocate for the Petitioner : T Tayeng Advocate for the Respondent : GA (AP) BEFORE HONBLE MR. JUSTICE NANI TAGIA