KAUSTAV SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Deka, the learned counsel for the petitioner. Also heard Mr. D. Nath, the learned counsel representing the respondent Nos. 4 and 5, Mr. K. P. Pathak, the learned counsel for the respondent Nos. 2, 3, 6 and 7.

(2.) The petitioner participated in the Notice Inviting Expression of Interest dated 30.12.2017 issued by the respondent No. 3. The petitioner is the registered contractor under the Assam Agricultural University/Animal Husbandry and Veterinary Department, Assam and Dairy Development, Assam. The respondent No. 3 vide letter dated 3.4.2018 allotted the work "Construction of Bull Shed No. 2 at F.S.B.S. Barapetta in Barpeta District, (Civil, Water supply Sanitary and Electrical works)" to the petitioner. The completion time for the said work was three months from the date of signing the tender agreement. The work is under the respondent No. 4, Assam Livestock Development Agency (ALDA) and respondent No. 3., the Director, Physical Plant, Assam Agricultural University, camp-Khanapara is the executing agency of the said work. The completion period though was for three months however, the work could not be completed by the petitioner for which, he sought for extension of time to the respondent No. 3 time to time. The petitioner was surprised to find that the respondent 5., the Chief Executive Officer, Assam Livestock Development Agency had issued an NIT dated 11.09.2020 for completion of unfinished works in Bull Shed No. 2 at FSBS Barapetta in Barpeta District under NPCBB and the work value stipulated therein amounted Rs. 78,00,000/-. Having come to know about the publication of the said NIT dated 11.09.2020, the petitioner has filed this writ petition seeking for the following reliefs:-

(3.) Upon motion on 07.10.2020, this court was satisfied while issuing notice of motion to allow the respondent No. 5 to proceed with the impugned NIT but not to award the work to any third party without the leave of this court.