N T AGENCY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. I. Choudhury, learned senior counsel for the appellant. Also heard Mr. A. Chandran, learned Government Advocate, Arunachal Pradesh, appearing for the respondent Nos.1 to 5 and Mr. S.S. Dey, learned senior counsel, appearing for the respondent No.6.

(2.) Challenge in this intra-Court appeal is to an order dated 21.05.2019 passed by the learned Single Judge in WP(C) No.68(AP)/2019 dismissing the writ petition filed by the appellant.

(3.) A Notice Inviting Tender (NIT) dated 12.09.2018 was issued by the Executive Engineer, Yazali Division, PWD, Arunachal Pradesh, inviting online bids on 2(two) Bid System in respect of 3(three) works. The work in question in the writ petition relates to C/o Road from Yazali Mengio Road to Sito via Tepi Village. The estimated cost for the said work was projected at Rs. 12,50,00,000.00. 7(seven) number of tenderers, including the appellant and the respondent No.6, had submitted their tenders and thereafter, on consideration of the technical bids, the tenders of 3(three) tenderers, including the appellant and the respondent No.6, were found to be responsive. Though financial bids were to be opened on 05.11.2018, finally it came to be opened on 08.11.2018. The bid of the respondent No.6 was found to be lowest and accordingly, a recommendation was made on 14.11.2018 for allotment of the work in its favour. The appellant, projecting that there are number of anomalies in the tender of the respondent No.6, filed a representation on 14.11.2018, i.e. the very date on which the recommendation was made. Thereafter also representations were made on 19.11.2018, 20.11.2018 and 27.11.2018. As all these representations failed to evoke any response, the appellant filed a writ petition, which was numbered as WP(C) No.629(AP)/ 2018. The said writ petition came to be disposed of by an order passed on 12.12.2018, whereby the State respondents were directed to dispose of the representation dated 27.11.2018 within a period of 15(fifteen) days from the date of receipt of a certified copy of that order. It was further provided that no further action shall be taken on the recommendation dated 14.11.2018 till the representation was disposed of, making it clear that once the representation is disposed of, the interim order will spend its force.