KHAGEN KONCH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Deka, learned counsel for the petitioner and Mr. B. Goswami, learned Additional Advocate General, Assam, for the official respondent Nos. 1 to 4 in the Water Resources Department, Assam.

(2.) Petitioner has challenged the Notice Inviting Tender (re-tender e-notice in two bid system of Technical and Finance) under reference No. DHM/SOPD/ GAINADI/2021-22/1 dtd. 7/1/2022 issued by the Additional Chief Engineer (ACE), Upper Assam Zone (UAZ), Water Resources Department (WRD), Dibrugarh, respondent No.2, for the civil work of "Raising and Strengthening along with extension of Gainadi both bank embankment on Down-Stream of National Highway-15" (hereinafter referred to as the said work) under Dhemaji Water Resources Division at Tender Value of Rs.18,11,18,349.00, fixing Bid Publishing time and Date as 06:00 PM of 7/1/2022, Bid Submission Start Time and Date as 10:00 AM of 10/1/2022, Bid Submission End Time and Date as 02:00 PM of 17/1/2022, and Bid Opening Time and Date as 03:00 PM of 17/1/2022, with Bid Opening Place at Dibrugarh.

(3.) It is contended by the petitioner that for the same work, the ACE, UAZ, WRD, Dibrugarh, respondent No.2, vide No. ACE/WR/G-197/2021/47 dtd. 25/11/2021 issued e-'Press Notice for Bid' along with other works under Dhemaji Water Resources Division, Dhakuakhana Water Resources Division and North Lakhimpur Water Resources Division. It is stated that for the said work in terms of said e-bid dtd. 25/11/2021, the petitioner along with others submitted their bids, and on 4/1/2022, the concerned Bid Evaluation Committee evaluated the Technical Bids of the bidders. Finding the Technical Bids of three bidders for the said work, including the petitioner, out of four such bidders, the Bid Evaluation Committee admitted those three Bids with the recommendation that Financial Bid of the successful bidders may be opened.