PABITRA BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant intra-Court writ appeal is preferred by the appellant herein for challenging the judgment dtd. 25/8/2022 passed by the learned Single Bench in WP(C) 2924/2021, accepting the writ petition preferred by the respondent no.6 herein/writ petitioner.

(2.) The learned Single Bench while entertaining the writ petition, directed maintenance of status quo, which was extended from time to time. After receiving the pleadings of the parties, hearing the arguments advanced at the Bar and appreciating the material available on record, the learned Single Bench went to hold that the bid of Pabitra Boro, i.e. appellant herein, was not compliant of the tender conditions on the ground that the same was in violation of Clause 4.3 of the tender documents, which required the bidders to state their financial standing for the last five years. As the bid of Pabitra Boro was incomplete on that aspect and the same was declared to be technically nonresponsive. Accordingly, the decision of the tendering authorities to hold the bid of the respondent no.6/appellant herein responsive and the Letter of Acceptance dtd. 26/2/2021 issued in favour of the said respondent were quashed while accepting the writ petition by the impugned judgment. Shri Pabitra Boro (respondent no.6 in the writ petition) has preferred the instant intra-Court writ appeal challenging the impugned judgment dtd. 25/8/2022.

(3.) During pendency of the writ appeal and while hearing the arguments advanced at the Bar, this Court received a suggestion from learned Advocate General, Assam, Mr. D. Saikia that the State Government was prepared to reexamine the matter keeping in view the financial bids and other associated documents submitted by the equally placed bidders and to take an objective decision regarding allotment of the works in question. The authorities were permitted to undertake this exercise vide order dtd. 28/2/2023. Accordingly, the matter was re-examined at the end of the authorities and after giving due consideration to the facts and figures submitted by the equally placed L-1 bidders, i.e. the writ petitioner and the appellant herein, a speaking order dtd. 9/3/2023 was passed concluding that since all the L-1 bidders were financially stable as per their submitted documents, past experience became the key factor and, taking note of the past performance in completion of similar projects, it was deemed proper to allot the tendered work invited under NIT No.CE/DEV/TB/504/2019-20/41 dtd. 21/12/2020 to Sri Pabitra Boro. An Interlocutory Application No.800/2023 has been filed by the respondent No.6/writ petitioner Bhaba Dev Mahanta seeking to assail the speaking order dtd. 9/3/2023. An affidavit-in-opposition has been filed on behalf of the writ appellant for controverting the averments made in the said application.