Gauhati High Court
Shyam Choudhury vs The State Of Assam And 7 Ors on 30 July, 2022
Page No.# 1/7
GAHC010057912022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2164/2022
SHYAM CHOUDHURY
(PARTNER OF M/S MEDIA UNLIMITED ACHYUT KALITA CONSORTIUM)
S/O- DHIRSING CHOUDHURY
OFF. ADDRESS- OPPOSITE GUWAHATI TEA AUCTION CENTRE, G.S ROAD,
DISPUR, GUWAHATI-06
ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY, TO THE GOVT. OF ASSAM,
IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-06, KAMRUP (M), ASSAM
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-06
KAMRUP (M)
ASSAM
3:THE CHIEF ENGINEER
MINOR IRRIGATION
ASSAM
CHANDMARI
GUWAHATI-03
4:THE SUPERENTENDING ENGINNER
NAGAON CIRCLE (IRRIGATION)
NAGAON
PIN-782003
ASSAM
5:RABIN CH. SARMAH
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AGE ABOUT 58 YRS
S/O LATE HARI PRASAD SARMAH
R/O AMOLLAPATTY
NAGAON
ASSAM
PIN-782001
6:PARAN KR. MAHANTA
AGE ABOUT 56 YRS
S/O LATE RUPENDRA NATH MAHANTA
R/O BIREN MAHANTA ROAD
NAGAON
ASSAM
PIN-782001
7:MD. SHORIFUL HOQUE
AGE ABOUT 35 YRS
S/O SIRAJUL HOQUE
R/O VILLAGE CHAMDHARA
P.O- DAGAON
P.S- JURIA NAGAON
ASSAM
PIN-782124
8:SUSHIL KR. KHOUND
AGE ABOUT 54YRS
S/O LATE BIREN KHOUND
R/O PANIGAON
P.O- ITACHALI
NAGAON
ASSAM
PIN-78200
Advocate for the Petitioner : MR F KHAN
Advocate for the Respondent : SC, IRRIGATION
Linked Case : I.A.(Civil)/1090/2022
SHYAM CHOUDHURY
(PARTNER OF M/S MEDIA UNLIMITED ACHYUT KALITA CONSORTIUM)
S/O- DHIRSING CHOUDHURY
OFF. ADDRESS- OPPOSITE GUWAHATI TEA AUCTION CENTRE
G.S ROAD
DISPUR
GUWAHATI-06
ASSAM
Page No.# 3/7
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-06
KAMRUP (M)
ASSAM
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-06
KAMRUP (M)
ASSAM
3:THE CHIEF ENGINEER
MINOR IRRIGATION
ASSAM
CHANDMARI
GUWAHATI-03
4:THE SUPERENTENDING ENGINNER
NAGAON CIRCLE (IRRIGATION)
NAGAON
PIN-782003
ASSAM
5:RABIN CH. SARMAH
AGE ABOUT 58 YRS
S/O LATE HARI PRASAD SARMAH
R/O AMOLLAPATTY
NAGAON
ASSAM
PIN-782001
6:PARAN KR. MAHANTA
AGE ABOUT 56 YRS
S/O LATE RUPENDRA NATH MAHANTA
R/O BIREN MAHANTA ROAD
NAGAON
ASSAM
PIN-782001
7:MD. SHORIFUL HOQUE
AGE ABOUT 35 YRS
S/O SIRAJUL HOQUE
R/O VILLAGE CHAMDHARA
P.O- DAGAON
Page No.# 4/7
P.S- JURIA NAGAON
ASSAM
PIN-782124
8:SUSHIL KR. KHOUND
AGE ABOUT 54YRS
S/O LATE BIREN KHOUND
R/O PANIGAON
P.O- ITACHALI
NAGAON
ASSAM
PIN-782003
------------
Advocate for : MR F KHAN
Advocate for : SC
IRRIGATION appearing for THE STATE OF ASSAM AND 7 ORS.
Linked Case : WP(C)/2693/2022
SHYAM CHOUDHURY
(PARTNER OF M/S MEDIA UNLIMITED ACHYUT KALITA CONSORTIUM) S/O
DHIRSING CHOUDHURY
OFF. ADD.-OPP. GUWAHATI TEA AUCTION CENTRE
G.S. ROAD
DISPUR
GUWAHATI-781006
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-6
DIST-KAMRUP(M)
ASSAM
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
IRRIGATION DEPARTMENT
DISPUR
GUWAHATI-6
DIST-KAMRUP(M)
ASSAM
3:THE CHIEF ENGINEER
MINOR IRRIGATION
ASSAM
CHANDMARI
Page No.# 5/7
GUWAHATI-781003
4:THE SUPERINTENDING ENGINEER
NAGAON CIRCLE (IRRIGATION)
NAGAON
PIN-782003 ASSAM
------------
Advocate for : MR F KHAN
Advocate for : SC
IRRIGATION appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/2448/2022
PARASH KUMAR BHATTACHARJEE
S/O. LT. SATYENDRA NATH BHATTACHARJEE
ASHOKA APARTMENT
BAKUL PATH
BHAGADUTTAPUR
BELTOLA GUWAHATI-28.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM
IRRIGATION DEPTT.
DISPUR
GUWAHATI-06.
2:CHIEF ENGINEER (MINOR) IRRIGATION ASSAM
CHANDMARI
GUWAHATI-781003.
3:THE SUPERINTENDING ENGINEER
NAGAON CIRCLE (IRRIGATION)
NAGAON.
------------
Advocate for : PETITIONER IN PERSON
Advocate for : SC IRRIGATION appearing for THE STATE OF ASSAM AND 2 ORS
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
30.07.2022
Heard Mr. F. Khan, the learned counsel for the petitioner in WP(C)
No.2164/2022 and WP(C) No.2693/2022 and Mr. A. Chaliha, the learned
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Standing Counsel, Irrigation Department, Assam.
This Court vide order the dated 28.07.2022, after completion of
hearing, reserved the judgment. However, taking into consideration that
the matter is urgent in nature, this Court proposes to pass the following
order and the detail reasoned judgment shall follow.
All the three writ petitions stand disposed of with the following
directions and observation:-
1. The writ petition, i.e. WP(C) No.2448/2022 is dismissed on the
ground that the writ petitioner is not a person aggrieved. It is,
however, made clear that if the writ petitioner is aggrieved by the
action of the concerned Superintending Engineer, he would have the
liberty to file appropriate proceedings under the provisions of the
Code of Criminal Procedure, 1973, if law so permits.
2. The writ petitions being WP(C) No.2164/2022 as well as WP(C)
No.2693/2022 are dismissed.
3. As this Court vide the order dated 04.04.2022 in I.A.(C)
No.1090/2022 and further vide another order dated 25.04.2022 in
WP(C) No.2693/2022 had stayed the notice inviting tender dated
23.03.2022, this Court for the interest of justice, directs the
tendering Authority, i.e. the Superintending Engineer, Nagaon Circle
(Irrigation), Nagaon to issue a corrigendum to the notice inviting
tender dated 23.03.2022 thereby extending the period of submission
of the tender to 08.08.2022. The said corrigendum shall be issued
and published not later than 01.08.2022. The tendering Authority is
further directed to mention in the corrigendum the tender opening
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date as well as the other details as it deems necessary.
(4) Taking into consideration that earlier tender in question was by
way of online mode and now the same has been made offline and at
present due to time constraint it cannot be made online, this Court
further directs that in the corrigendum to be issued, the tendering
Authority shall request the bidders who have already submitted their
bids earlier as well as the prospective bidders to submit their email
addresses to the tendering Authority on or before the close of
submission of tender date and time.
(5) The tendering Authority shall send to the email addresses of the
respective bidders who have submitted their email addresses, the
documents which would have otherwise been uploaded, if the
tender in question was by way of an online bid. The said formality is
required to be complied with apart from the mode prescribed in the
tender documents in respect to the NIT dated 23.03.2022.
The respondent authority can act on the basis of this order and take
steps as directed. The interim orders stands vacated.
JUDGE
Comparing Assistant
