Page No.# 1/4 vs The Union Of India And 3 Ors
2021 Latest Caselaw 2383 Gua

                                                                   Page No.# 1/4

GAHC010158942021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5189/2021

         M/S BN INFRAPROJECTS LLP AND 3 ORS.
         A LTD. LIABILITY PARTNERSHIP FIRM HAVING ITS REGD. OFFICE AT
         AMBAGAN ROAD, BYE LANE, NEAR MADHUBAN FACTORY, TEZPUR-
         784001, DIST. SONITPUR, ASSAM AND REP. BY ITS DESIGNATED PARTNER
         SRI BABUL NATH, S/O. SRI MANORANJAN NATH, R/O. VILL. POLICE LINE,
         TEZPUR, SONITPUR,-784001.

         2: BABUL NATH
          S/O. SHRI MANORANJAN NATH
         VILL. POLICE LINE
         TEZPUR
          SONITPUR-784001
         ASSAM.

         3: SHARMISTHA NATH
          D/O. ROMEN DEV NATH
          R/O. TEZPUR TOWN
         WARD NO.12
          SONITPUR.

         4: PRANAB NATH
          S/O. MANORANJAN NATH
         VILL. EX-POLICE LINE
         TEZPUR-784001
          SONITPUR
         ASSAM

         VERSUS

         THE UNION OF INDIA AND 3 ORS.
         REP. BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
         GUWAHATI-781011.

         2:THE CHIEF ENGINEER/CON-3
                                                                                Page No.# 2/4


             N.F. RAILWAY
             MALIGAON
             GUWAHATI-781011.

            3:TJE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER

             N.F. RAILWAY
             MALIGAON
             GUWAHATI-781011.

            4:M/S MKG SUBHADRA JV

             REP. BY AUTHORISED SIGNATORY MR. M K GUPTA
             CARE OF M.K. GUPTA AND CO.
             SEWAK ROAD
             SILIGURI
             WEST BANGAL
             PIN-734001

Advocate for the Petitioner   : MR. M K CHOUDHURY

Advocate for the Respondent : SC, NF RLY




                                           BEFORE
                 HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                           ORDER

30-09-2021

Heard Mr. M. K. Choudhury, learned Senior counsel assisted by Mr. M. Biswas, learned counsel for the petitioner and Mr. B. Sarma, learned Standing counsel, NF Railways for the respondent Nos. 1, 2 and 3.

Pursuant to the NIT dated 07.04.2021 issued by the respondent Railways for the 'Earthwork in filling to form embankment including blanketing, construction of minor bridges (10 nos.), RUB (14 nos), trolley refuges, drain, protection work, approach road, diversion road, toe wall and other ancillary works from Ch. 39.10 Kms to Ch 49.60 KM between Bardha Halt and kaliaganj Station excluding approaches of major bridges (50 m both side) in connection with construction of new BG line from Arariya to Galgalia of NF Railway Page No.# 3/4

(construction)' with Tender value of Rs.69,31,60,701.75/-, the petitioner No.1 submitted his bid.

The petitioners stated that without assigning any reason, the respondent NF Railways rejected the technical bid of the petitioner. In that regard, the petitioner stated that prior to 13.02.2020, the petitioner worked as a proprietorship firm with the Railways and since 13.02.2020, it is working as BN Infraprojects LLP with the Railways.

Mr. Choudhury, learned Senior counsel appearing for the petitioners also placed before the Court that pursuant to the Tender No.CE-CON-N-A-PA-2020-05 dated 25.09.2020 for construction of Station Building, Passenger platforms, Platform shelters, Foot over Bridges, other passenger amenities, Circulating areas, Staff Quarters etc., and other ancillary works at station Nalbari, Kaithalkuchi, Tihu & Nizsariha Halt in connection with New Bongaigaon to Agthori via Rangia Doubling Project of NF Railway, finding the bid of the petitioner's firm responsive, the respondent Railways by order dated 31.03.2021 issued Work Order in its favour (Annexure-H to this writ petition).

As in the case in hand, the respondent Railways rejected the technical bid of the petitioners, being aggrieved they have preferred this writ petition.

On instruction of the NF Railways, Mr. B. Sarma, learned Standing counsel submits that pursuant to the NIT dated 07.04.2021, noted above, the respondent Railways for already settled the said bid with LT 1 bidder and the Work Order has already been issued to him on 24.09.2021.

Mr. Sarma, learned Standing counsel, Railways has also relied on a judgment of the Hon'ble Apex Court in the case of Bharat Coking Coal Lts. and Ors. Vs. AMR Dev Prabha & Ors. decided on 18.03.2020.

At this stage, Mr. Choudhury, learned Senior counsel for the petitioners placed before the Court that for the said contract petitioners offered bid value @ Rs. 83,43,59,921.05/-, whereas the bid value of the respondent No.4 is Rs.95,98,65,896.46/-, which is much above the petitioners bid value by Rs. 12,55,05,975.41/-.

Issue notice, returnable by 26.10.2021.

Page No.# 4/4

As Mr. B. Sarma, learned Standing counsel, NF Railways for the respondent Nos. 1, 2 and 3, no formal notices need be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. B. Sarma, learned Standing counsel, NF Railways on or before 04.10.2021.

Petitioner shall take steps for service of notice on the respondent No.4 on or before 04.10.2021 by Registered post with A/D providing its correct and proper address with requisite postal stamps.

The Work Order dated 24.09.2021 issued by the respondent Railways pursuant to the NIT dated 07.04.2021 involved in the case, in favour of the respondent No. 4 shall be subject to the outcome of this writ petition.

JUDGE

Comparing Assistant