JIYAUR PASA (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Md. S. Hoque, the learned counsel appearing on behalf of Md. Jiyaur Pasa, who is the writ petitioner in W.P.(C) No. 2674/2021 in W.P.(C) No. 2525/2021, W.P. (C) No. 2494/2021,W.P.(C) No.2626/2021, W.P. (C) No. 2656/2021, W.P.(C) No. 5038 /2022, W.P.(C) No.5562/2022, W.P. (C) No. 6059/2022, W.P.(C) No.6062/2022 and W.P. (C) No. 6157/2022. The learned counsel also appears for the private respondent No.8 in W.P.(C) No. 7371/2021, W.P. (C) No. 41/2022 and W.P.(C) No. 54/2022. I have also heard Mr. M. Dutta, the learned counsel appearing on behalf of the respondent No. 5 in W.P.(C) No.2674/2021, W.P. (C) No. 2525/2020, W.P.(C) No.2626/2021 and W.P.(C) No.2656/2021 He further appears for the writ petitioners in W.P.(C) No. 7371/2021, W.P.(C) No. 41/2022 and W.P. (C) No. 54/2022. Mr. M. Dutta also appears for the private respondent No. 7 in W.P. (C) No. 5038/2022, W.P.(C) No. 5562 /2022, WP (C) No. 6062/2022 and W.P. (C) No. 6157/2022. I have also heard Mr. A.C. Sarma, the learned senior counsel assisted by Mr.G. Bharadwaj, the learned counsel for the respondent No. 5 in W.P.(C) No.2495/2021 and the Respondent No. 7 in W.P.(C) No. 6059/2022. Mr. B. Gogoi, the learned Standing Counsel appears on behalf of the PWRD and Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India and Mr. A.K. Dutta, learned Asstt. Solicitor General of India for the Central Government and the National Rural Infrastructure Development Agency.

(2.) The Chief Engineer, Public Works Roads Department, Government of Assam had issued a notice inviting tender in electronic tendering system for construction of Roads under the Pradhan Mantri Gram Sadak Yojna for the works mentioned in the E-Notice Inviting Tender including their maintenance for 5 years from approved eligible contractors registered with the Assam Public Works (Roads) Department. The petitioner Md. Jiyaur Pasa had submitted his bids in pursuance to the said E-Notice Inviting Tender in respect to various packages including the packages being numbered as AS 20-185, AS20-189, AS 20-194, AS20-198 and AS20-199. It is also relevant to take note of that various tenderers also participated in the said tender process. In all the packages mentioned hereinabove, the petitioner Md. Jiyaur Pasa admittedly was found to be technically qualified and the rate quoted by the petitioner-Md. Jiyuar Pasa were found to be lowest. However, the respondent authorities in respect to Packages No. AS20-198 awarded the contract to the one Shri Bikash Sarma, the respondent No.5 in W.P.(C) No.2674/2021; in respect to package No. AS20-185 awarded the contract to one Sri Sailen Baishya, the respondent No. 5 in W.P.(C) No. 2495/2021; in respect to package No. AS20-189 awarded the contract to one M/S Sunrise Enterprise, the respondent No. 5 in W.P. (C) No. 2525/2021; in respect to package No. AS20-194 awarded the contract to one Md. Mahsen Ali, the respondent No. 5 in W.P.(C) No. 2626/2021 and in respect to Package No. AS20-199, the contract was awarded to M/S Sunrise Enterprise, the respondent No. 5 in W.P.(C) No. 2656/2021.

(3.) It is the case of petitioner- Md. Jiyuar Pasa that he being the lowest bidder and being technically qualified the contract in respect to the said packages ought to have been awarded to him for which he filed writ petitions being W.P. (C) No. 2674/2021, W.P. (C) No. 2495/2021, W.P.(C) No. 2525/2021, W.P.(C) No. 2626/2021 and W.P. (C) No. 2656/2021 challenging the actions of the Respondent Authorities in awarding the contracts to the second lowest bidder i.e. the respondent No. 5 in the above mentioned writ petitions. Before further proceeding, let this Court deal with each of the writ petitions. W.P.(C) No.2674/2021