BHAGYA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The facts leading to initiation of the present writ proceeding, as could be gathered on a conjoint reading of the petition, rejoinder to the application for vacating stay (pressed as the counter affidavit of the respondents) and the additional affidavit filed by the petitioner are as follows:

(2.) A short notice inviting quotation was issued by the Chief Engineer, PWD (Roads), Assam (the respondent No. 3) inviting sealed quotations for supply of 80/100 grade Bitumen during 2004-05 to be delivered at Senmela Store under Executive Engineer, PWD, Guwahati Road Division. The last date of receipt of quotation was fixed as 23.3.2004. As per the said NIQ the quotationers whose rates with terms and conditions are accepted shall be asked to supply Bitumen from time to time through placement of supply orders. Further condition stipulated was that payment shall be made against the supplied quantity as per specification only, subject to availability of fund at the disposal of the department.

(3.) The petitioner submitted his quotation to the respondent No. 3 on 23.3.2004. Thereafter by letter dated 9.6.2004 (Annex- ure-1 to the writ petition), issued by the Chief Engineer and addressed to the petitioner, he was requested to supply the quantity of Bitumen (80/100 Grade) as mentioned in the letter at the address indicated therein. The quantity of Bitumen was indicated as 2000 MT and the rate was specified as Rs. 19,846.72 per MT inclusive of all taxes as admissible. The designation and address of the consignee was indicated in the letter as the Executive Engineer, PWD, Guwahati Road Division. The delivery period was specified as 15 days from the date of issue of the letter. Mode of payment was indicated as "payment will be made after receipt of full ordered Qnty in good con- dition subject to availability of fund under the relevant head of a/c". The consignee was authorised to make the payment. The letter further stipulated for production of necessary test certificate conforming to ISI/IRC specification from RRL/Engineering College, Jalukbari, Guwahati.