DEBEN THAOSEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By means of this review petition, the petitioner has prayed for review of the Judgment & Order dated 26th June, 2013 passed in WP(C) No. 2515/2013. Be it stated here that the present petitioner was the writ petitioner. The writ petition was disposed of with the following order:-

(2.) As will be evident from the order, the writ petition was disposed of taking note of the specific stand of the respondent No. 1 in his counter affidavit in which it was stated that there being alternative remedy available to the petitioner by way of dispute redressal system and he having already preferred an appeal before the Standing Empowered Committee, the writ petition was not maintainable. He also took the plea that pursuant to the speaking order passed on 27th February, 2013, an NIT was issued for completing the balance work and the said NIT was published in 2(two) daily newspapers and upon completion of the tender process, contract was awarded to 2(two) contractors.

(3.) In the review petition, the petitioner has pointed out that the aforesaid stand on the part of the respondent No. 1 was not based on record inasmuch as the NIT in question was never published in the newspapers, namely, "Assam Post" and "Aaji" and that the purported tender process was stage managed. It has further been contended that in case of floating of tender and publication of the same in the newspaper, the matter is required to be routed through the Directorate of Information & Public Relations (DIPR), but the same was not done in the instant case. Thus, according to the review petitioner, but for the misleading statements made in the counter affidavit filed by the respondent No. 1, the order under review would not have been passed.