KLAS ENTERPRISES Vs. STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. U. Bhuyan, learned senior counsel assisted by Mr. Saikia for the appellant and Mr. T. Ao, learned Government advocate, Nagaland. Also heard Mrs. M. Hazarika, learned senior counsel for the respondent No. 6.

(2.) This appeal has been preferred against the order of the learned Single Judge declining to interfere with the order of cancellation of work allotted to the appellant for construction of Integrated Housing and Slump Development at Kezocha Town. The work was allotted in pursuance to tender notice dated 16.3.2011 after due evaluation of the bids received vide order dated 25.3.2011. Subsequently, at the instance of respondent No. 6, the impugned order dated 4.5.2011 was passed cancelling the allotment in favour of the appellant and allotting the work to respondent No. 6. Since the impugned order was passed without giving any opportunity of hearing to the appellant and without mentioning any reason for cancellation of the work order, the appellant challenged the same as arbitrary and bad in law.

(3.) The writ petition was contested by the State of Nagaland as well as by the private respondents.