MATLEBUDDIN AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D. Saikia, learned senior counsel, assisted by Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. B.D. Konwar, learned senior counsel, assisted by Mr. J. Singh, learned counsel for the respondent nos. 2 and 3, Mr. R. Kalita, learned counsel for respondent no.4 and Mr. B.D. Goswami appearing with Mr. B. Islam, learned counsel for respondent no.6. No one appears on call for the respondent nos. 1 and 5, despite due service of notice.

(2.) At the outset, it is mentioned herein that the matter has been heard in the "admission" stage at the instance of the learned senior counsel for the petitioner, respondents no.2 and 3 and such prayer not being objected to by the learned counsel for the respondent no.6.

(3.) This series of three writ petitions is the second round of litigation before this Court. The petitioner herein is registered as a Class-I(A) contractor with the Assam Public Works Department. The National Highways Authority of India (NHAI for short) had floated three following tenders, which are the subject matter of challenge in this set of three writ petitions, viz., (1) NIT bearing number 07/2019-2020 (O&M) for the work of "Maintenance of Guwahati Bypass from Ch. Km. 146.172 to Km. 163.895 of NH-37 in the State of Assam for the year 2019-2020 (SH: De-siltation of drains, culverts, cleaning of main carriageway, cleaning of medians, buffer zones, pot hole repair, etc.)", which is the subject matter of W.P. (C) 2286/2020; (2) NIT bearing number PIU/GHY/03/2019-20 (O&M) for the work of "Maintenance and safety of road section from Ch. Km. 1093.000 to Km. 1119.814 of NH-31 in Assam under package EW-II (AS-04)", which is the subject matter of W.P.(C) 2308/2020; and (3) NIT bearing number PIU/GHY/04/2019-20 (O&M) for the work of "Maintenance and safety of road section from Ch. Km. 1065.000 to Km. 1093.000 of NH-31 in Assam under package EW-II(AS-04)", which is the subject matter of W.P.(C) 2369/2020.