GAIKHONLUNG PANMEI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. L. Ayangleima, learned counsel appearing for the petitioner, Mr. W. Darakishwor, learned senior panel counsel appearing for the respondent No. 1 and Mr. D. Julius Riamei, learned counsel appearing for the respondents No. 2 and 3.

(2.) The case of the petitioner is that the Assistant Joint Manager (Civil Engineering) of the Food Corporation of India (FCI), Regional Office, Manipur, issued an E-tender notice dtd. 12/3/2018 inviting online percentage rate tender under two bids system from the eligible contractors for executing two works, viz., (i) providing tube well and safe drinking water facility at FSD Ukhrul, Manipur and (ii) repairing of office building and AR and MO works at SD Ukhrul, Manipur.

(3.) On the date of issuance of the work order dtd. 18/5/2018, the petitioner entered into a formal agreement with the respondent No. 3 to the effect that the petitioner shall complete execution of the contract work within the period prescribed/stipulated in the work order and to maintain the same at the cost of the petitioner for a period of six months. It is the case of the petitioner that after executing the formal agreement, he visited the work site and started executing the work under the supervision of the respondent No. 3, however, due to law and order problem on the road from Imphal to Ukhrul and as the hiring charges of heavy drilling machineries for drilling tube well were very high, the petitioner could not hire the said machineries as such, the petitioner executed the contract work by drilling the tube well manually by engaging expert and skilled workers. It is the case of the petitioner that he informed the respondent No. 3 about his inability to hire heavy drilling machineries and about the arrangement of skilled workers by submitting a letter dtd. 25/95/2018 and continued executing the contract work with the aim to complete it within the stipulated period.