M/S N K Enterprise v. The State of Ap and 3 Ors

ORDER Date : 11-12-2024

Heard Mr. D. Mozumdar, learned Senior Counsel assisted by Mr. T. Garam, learned counsel for the petitioners and Mr. B. Picha, learned Standing Counsel for the Rural Development Department.

¶2By this common order, it is proposed to dispose of all the eight writ petitions, as the issue raised in this series of writ petitions is same and the respondents are also same, though the petitioners are different in same petitions.

¶3Mr. Mozumdar, learned Senior Counsel appearing for the petitioners submits that the respondent authorities had issued one NIT on 11.08.2023, for Supply and Procurement of materials under MGNREGA 2023-24, in respect of different CD Blocks, under Kurung Kumey district, Arunachal Pradesh and the petitioners are successful bidder for the said supply and package of materials. Thereafter, respective contract agreement was executed between the petitioners and the respondent authorities and supply order was also issued to them. Mr. Mozumdar further submits that as per terms of the agreement, the supply of materials was to be completed within a period of six months. But, on account of three factors, firstly, collapse of bridge and consequent road blockage due to torrential rain in Kurung Kumey district; secondly, one writ petition, being W.P.(C) No. 50(AP)/2024, was filed before this court, challenging the work order, wherein, vide order 05.02.2024, this court had stayed the work order from 05.02.2024 –

13.04.2024; and thirdly, on account of imposition of Model Code of Conduct in Arunachal Pradesh due to Lok Sabha Election and Assembly Election, the petitioners could not complete the work in time. Page No.# 11/13

3.1. Mr. Mozumdar further submits that the petitioners have almost completed their supply works and only few materials are there to be supplied and if the earlier agreement is extended by fifteen days, then the petitioner would be able to accomplish the same.

3.2. Mr. Mozumdar also submits that the petitioners have filed one representation to the respondent authorities to extend the time, but they refused to extend the same and instead, the respondent authorities had invited a fresh tender and issued a fresh NIT on 29.10.2024, and such action of the respondent authorities is illegal as well as arbitrary and unreasonable. Therefore, Mr. Mozumdar has contended to allow these petitions by directing the respondent authorities to extend the period, if agreeable by the respondents, by one month and within which, the petitioners will complete the work.

¶4On the other hand, Mr. Picha, learned Standing Counsel for the Rural Development Department submits that the respondent authorities have agreed to extend the time for fifteen days and within the said period the petitioners have to complete the supply work.

¶5Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petitions as well as the documents placed on record.

¶6It appears that the contract period was six months from the date of signing the agreement. But, admittedly the work could not be completed in time, for which the respondent authorities have floated a new NIT on 29.10.2024. It also appears from the record that the petitioners are awarded the supply works for the block and packages, which as shown as under:- Sl. No. Name of the petitioner Block Package Page No.# 12/13

¶1WP(C)/522/2024 M/s C.R. Enterprise CD Block IX

¶2WP(C)/529/2024 M/s C.R. Enterprise CD Block VI

¶3WP(C)/530/2024 M/s Pacho Enterprises CD Block I

¶4WP(C)/531/2024 M/s N.K. Enterprise CD Block IV

¶5WP(C)/532/2024 M/s N.K. Enterprise CD Block V

¶6WP(C)/533/2024 M/s B.K.K.S. Enterprise CD Block III

¶7WP(C)/534/2024 M/s Atu Taru Enterprise CD Block I

¶8WP(C)/535/2024 M/s J.G. Enterprise CD Block II

¶7It is not in dispute that there was a collapse of bridge and consequent road blockage on account of torrential rain in Kurung Kumey district, Arunachal Pradesh. It is also not in dispute that due to Lok Sabha Election and Assembly Election the Model Code of Conduct was in force in Arunachal Pradesh. And also one writ petition, being W.P.(C) No. 50(AP)/2024 was pending before this court, wherein the work orders were stayed. These are undisputed facts and because of these reasons, the petitioners could not complete the work in time and therefore, the petitioners deserves some concessions.

¶8Having considered the aforementioned facts and circumstances and also considering the submissions of learned counsel for both the parties and as agreed upon, this court is inclined to dispose of this series of writ petitions, by directing the respondent authorities to rescind the fresh NIT dated 29.10.2024, and to extend the agreement period, by another 30 (thirty) days from the date of receipt of a certified copy of this order.

¶9The petitioners are directed to obtain a certified copy of this order and to place the same before the respondent authorities within a period of 2 (two) working days from today. On receipt of which, the respondent authorities shall extend the agreement period by 30 (thirty) days. Page No.# 13/13

¶10In terms of above, this series of writ petitions stands disposed of, at the motion stage itself.

JUDGE Comparing Assistant

Page No.# 1/13 GAHC040015272024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/522/2024 M/s CR Enterprise Koloriang Market, House No. 09, Koloriang, PO and PS Kurung Kumey, District Kurung Kumey, Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Chera Tagin, Son of Late Chera Tale, resident of Village Rengchi, Po and PS Koloriang, Kurung Kumey District, Arunachal Pradesh. represented by the Secretary, Department of Rural Development, Govt of Arunachal Pradesh, Itanagar 791111 District Rural Development Agency Page No.# 2/13 Koloriang 79111 Advocate for the Petitioner : Taja Garam, Byabang Mema Advocate for the Respondent : Binter Picha, Khoda Yubey,Lod Asha,Tasso Dodung,Jambey Tsering,R Barman,Sumit Chhetri,T Lampung,Khoda Tama,SC (RD) Linked Case : WP(C)/535/2024 M/s J G Enterprise Address:Nyapin PO and PS Nyapin Arunachal Pradesh 791118 represented by its power of attorney holder Smti Tadar Yadum Wife of Tadar Tadey resident of Nyapin Po and PS Nyapin Itanagar. 791111 Page No.# 3/13 Linked Case : WP(C)/529/2024 M/s C R Enterprsie Address:Koloriang Market House No. 09 Koloriang PO and PS Kurung Kumey District Kurung Kumey Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Chera Tagin Son of Late Chera Tale resident of Village Rengchi Po and PS Koloriang Itanagar 791111 Page No.# 4/13 Linked Case : WP(C)/534/2024 M/s Atu Taru Enterprises Address:Langnag Village PO and PS Parsi Parlo Arunachal Pradesh 791118 represented by its authorized person Shri Bamang Losik Son of Shri Bamang Tasuk resident of Upper Nyapin PO and PS Nyapin Itanagar 791111 Page No.# 5/13 Linked Case : WP(C)/532/2024 M/s N K Enterprise Address:Keya Village PO and PS Koloriang Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Pisa Taro Son of Pisa Langlang resident of Lee Village PO Sarli PS Koloriang Page No.# 6/13 Itanagar 791111 Linked Case : WP(C)/531/2024 M/s N K Enterprise Address:Keya Village PO and PS Koloriang Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Pisa Taro Son of Pisa Langlang resident of Lee Village PO Sarli PS Koloriang Page No.# 7/13 Itanagar 791111 Linked Case : WP(C)/530/2024 M/s Pacho Enterprises Address:Langnag Village Po and PS Parsi Parlo Arunachal Pradesh 791118 represented by its proprietor Shri Bamang Pacho Son of Shri Bamang Tabang resident of Village Langbang PO and PS Parsi Pralo Page No.# 8/13 Itanagar 791111 Linked Case : WP(C)/533/2024 M/s B K K S Enterprise Address:Village Pating PO and PS Sangram District Kurung Kumey Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Bamang Rama Page No.# 9/13 son of Bamang Kalik resident of Sangram PO and PS Sangram Itanagar. 791111 Page No.# 10/13 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN