LAWS(GAU)-2005-10-6

STATE OF ASSAM Vs. BHAGYA KALITA

Decided On October 04, 2005
STATE OF ASSAM Appellant
V/S
BHAGYAKALITA Respondents

JUDGEMENT

(1.) The present Writ Appeal has been preferred against the Judgment and Order dated 17.3.2005 passed by learned single Judge in WP(C) No. 9487/2004, whereby, the decision as well as the decision making process of Tender Committee leading to issuance of letter dated 1.11.2004 (Annexure-C to the writ petition), the notice dated 8.11.2004 (Annexure-D to the writ petition) canceling the tender of the writ petitioner and the Press Notice dated 14.12.2004 (Annexure-E to the writ petition) in respect of re-tendering were set aside and the authorities were directed to proceed with the tender process in respect of the tenders for three bridge projects only on the basis that the respondent herein / the writ petitioner was the lowest tenderer.

(2.) We have heard Mr. K.N. Choudhury, learned Addl. Advocate General, Assam, assisted by Mr. I Choudhury, learned Standing Counsel for the Public Works Department and Mr. P. K. Goswami, learned Senior counsel for the respondent herein/writ petitioner assisted by Mr. S. Sarma, Mr. J. Deka, Ms. B. Sarma and Mr. A. Tiwari, learned Advocates.

(3.) The brief facts necessary for adjudication of the present writ appeal are as un'der: