M/S. NABAGRAHA ASSOCIATES v. THE STATE OF ASSAM AND 4 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-02-03. M/S. NABAGRAHA ASSOCIATES v. THE STATE OF ASSAM AND 4 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC010312412019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 9453/2019 1:M/S. NABAGRAHA ASSOCIATES A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT NOONMATI, WARD NO. 23, GUWAHATI, DIST. KAMRUP (M), ASSAM, REP. BY ITS MANAGER SRI JONE SARMA. VERSUS 1:THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HANDLOOM TEXTILES AND SERICULTURE DEPTT. , DISPUR, GUWAHATI-06. 2:THE DIRECTOR HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GUWAHATI-781001. 3:THE ADDL. DIRECTOR HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GUWAHATI-781001. 4:THE FINANCE ADVISOR HANDLOOM AND TEXTILES DEPTT. DISPUR GUWAHATI-06. 5:THE FINANCE AND ACCOUNTS OFFICER Page No. # 2/4 OFFICE OF THE DIRECTORATE OF HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GUWAHATI-781001 Advocate for the Petitioner : MR S S DEY Advocate for the Respondent : GA, ASSAM Linked Case : WP(C) 9416/2019 1:M/S.
NABAGRAHA ASSOCIATES A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT NOONMATI WARD NO. 23 GHY DIST. - KAMRUP (M) ASSAM REP. BY ITS MANAGER SRI JONE SARMA 39 YEARS VERSUS 1:THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPTT. DISPUR GHY-6 2:THE DIRECTOR HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GHY-01 3:THE ADDL. DIRECTOR HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GHY-01 Page No. # 3/4 4:THE FINANCE ADVISOR HANDLOOM AND TEXTILES DEPTT. DISPUR GHY-06 5:THE FINANCE AND ACCOUNTS OFFICER OFFICE OF THE DIRECTORATE OF HANDLOOM AND TEXTILES ASSAM GNB ROAD AMBARI GHY-01 Advocate for the Petitioner : MR S S DEY Advocate for the Respondent : GA ASSAM BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER Date : 03-02-2020 Heard Mr. D. P. Bora, learned counsel for the petitioner. Also heard Mr. R. Dhar learned State Counsel appearing for the State respondent. The submission made by Mr. Dhar was recorded in the order dated 27. 1.
2020 which is reproduced hereinbelow: “WP(C)/9453/2019 With WP(C)/9416/2019 BEFORE THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA ORDER 27. 01. 2020 Heard Mr. D. P. Borah, the learned counsel for the petitioner and Mr. R. Dhar, the learned State Counsel. The State respondents had already filed an affidavit. Relying the contents made in affidavit, Mr. R. Dhar submits that the petitioner does not possess the locus standi inasmuch as he did not participate in the tender process and he being totally a stranger to the tender process. Further referring the Annexure-1 of the affidavit-in-opposition, Mr. Dhar submits that in all there were seven parties who participated in the tender process and after evaluating the technical bids and the financial bid M/S Jimchaya Industries and M/S Popular Furniture and Weaving Industries, Hojai were distributed the work order and nothing remains in this writ petition and same is to be dismissed. Mr.
Borah on the other hand sought for an adjournment in order to take instruction from the client concerned. Though the submission of Mr. Dhar has its force but keeping in view the submission of Mr. Borah matter be listed again on Page No. # 4/4 31. 01. 2020 on which date appropriate order will be passed. JUDGE” Today Mr. Bora, fairly submits to pass appropriate order by this court. The submission of Mr. Dhar that the petitioner did not participate in the tender process and he being a stranger had no locus standi to challenge the terms of the NIT has force. Further the issue raised in this writ petition also is unacceptable as Mr. Dhar already submitted that there were nine bidders in total, out of which seven bidders technically qualified. Out of said technically qualified bidders M/s Popular Furniture and Weaving Industries, Hojai and M/s Jimchaya Industries, Kahilipara were issued work order on 7. 1. 2020. Considering the same these writ petitions stand dismissed.
Interim order if any stands vacated. JUDGE Comparing Assistant
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