RISHA INFRASTRUCTURE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner seeking a writ in the nature of Certiorari for setting aside and quashing the impugned communications dtd. 7/6/2021, 17/6/2021 and 18/6/2021 as well as also for a writ in the nature of Mandamus not to give effect to the said communications and for a direction to offer Contract Work in question being the Roadside Plantation (Avenue and Median) of the National Highway at NH- 31(C)(New 27) stretch - from Km 993 to 1003 of AS08, against package No.2 in favour of the Petitioner in terms with the Tender, as well as also restraining the Respondents from allowing the Respondent No.7 to execute the Contract Work against the package No.2 of Roadside Plantation (Avenue and Median) of National Highway at NH-31(C) (New 27) stretch - from Km 993 to 1003 of AS08.

(2.) The facts involved in the instant writ petition as could be seen from the pleadings on record are that the Respondent No.6 had issued a tender notice dtd. 11/1/2021 inviting online bids from eligible bidders for settlement of different packages including Package No.2 of Roadside Plantation (Avenue and Median) of National Highway at NH-31(C) (New 27) stretch - from Km 993 to 1003 of AS08. The total value of the work including all taxes was Rs.2,56,64,070.00. The said tender notice was published in various newspapers on 13/1/2021.

(3.) It is relevant to take note of that as per the said tender notice, the last date for downloading the tender was 1/2/2021 but it was extended upto 5/2/2021 by corrigendum dtd. 23/1/2021 in respect to all the packages i.e. package Nos.1, 2, 3 and 4. Further to that in the said corrigendum, some of the conditions were modified including the experience of the bidder in Plantation and Nursery Works. It is notable for the purpose of the instant writ petition that in the corrigendum dtd. 23/1/2021, at Clause-6 an additional term was inserted as a tender condition. The said Clause-6 being relevant is quoted hereinbelow: