Mohammad Ishaque vs The State Of Assam And 2 Ors
2022 Latest Caselaw 4617 Gua

                                                                         Page No.# 1/4

GAHC010238582022




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

                                 Case No. : WP(C)/7513/2022

            MOHAMMAD ISHAQUE
            S/O- MD. ALI, R/O- H.NO. 48, NOTBOMA, P.O. HATIGAON, P.S. HATIGAON,
            DIST.- KAMRUP (M), ASSAM, PIN- 781038



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
            ENVIRONMENT AND FOREST DEPTT., DISPUR, GHY-6

            2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
            WILDLIFE AND CHIEF WILDLIFE WARDEN
            ASSAM
            ARANYA BHAWAN
             PANJABARI
             GHY-37

            3:THE DIVISIONAL FOREST OFFICER
            ASSAM STATE ZOO DIVISION
             GHY-0

Advocate for the Petitioner   : MR. A GOGOI

Advocate for the Respondent : SC, FOREST




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

22.11.2022 Page No.# 2/4

Heard Mr. A. Gogoi, learned counsel for the petitioner, who submits that he would now like to change his prayer, so as to enable the petitioner to participate in the selection process, in pursuant to the Quotation Notice dated 11.11.2022, issued by the respondent No. 3.

2. Mr. P.N. Goswami, learned Addl. Advocate General submits that though the Quotation Notice has fixed today i.e., 22.11.2022 at 3 pm as the last date for receiving quotations and which is to be opened today at 3:30 pm, the State respondents are willing to extend the last day of submission of the tender by another 2 days, i.e. till 24.11.2022 at 3 pm, to accommodate the petitioner. He also submits that no bid will be opened prior to 3 pm on 24.11.2022. He also submits that even though the petitioner is a Group "O" supplier, the petitioner's case will be considered for Group "A" items also.

3. On considering the submissions made by the learned counsels for parties, this Court finds that there is nothing left to adjudicate in this writ petition and as such, the writ petition can be disposed of at the motion stage itself.

4. However, prior to giving a direction to the respondents, to allow the petitioner to submit his Quotation/Bid within the extended time of 2 days, this Court is of the view that the brief history of the case should be enumerated herein.

5. In pursuance to the Tender Notice dated 26.05.2017, by which tenderers were asked to submit their "TENDER FOR SUPPLYING FOOD STUFF TO THE ZOO CAPTIVES FOR THE YEAR 2017-18 UNDER GROUP "A - P", the petitioner was selected as the successful tenderer for Group "O". Thereafter, in the next year, the State respondents issued another tender notice for supplying ration and materials to the Zoo Captives for the year 2018-19 on 27.07.2018. However, the Tender Notice dated 27.07.2018 was cancelled due to technical reasons, vide Page No.# 3/4

Notice dated 12.10.2018.

6. Being aggrieved by the cancellation of the Tender Notice dated 27.07.2018, a number of persons, including the petitioner herein challenged the Notice dated 12.10.2018 in various writ petitions, the leading case being WP(C) No. 7668/2018. The bunch of writ petitions, led by WP(C) No. 7668/2018, was disposed of by this Court vide order dated 04.06.2019, wherein it set aside the notice dated 12.10.2018 and directed the State respondents to finalize the tender in terms of the NIT dated 27.07.2018. The notice dated 12.10.2018 had been set aside by this Court primarily on the ground that there was no schedule of rates fixed by the State respondents, while calling for tenders.

7. Being aggrieved, the State respondents preferred various Review petitions challenging the judgment passed in WP(C) No. 7668/2018, on the ground that the schedule of rates was already in the records of the writ petition, especially in the affidavits filed by the State respondents. The Review petition numbers are Review Petition Nos. 134/2019 to 140/2019.

8. The Review petitions were reserved for judgment vide order dated 09.02.2022 and till date, no decision has been made on the Review petitions.

9. Subsequent to the above facts, the Quotation Notice dated 11.11.2022 has been issued by the State respondents, asking for quotation for supply of food stuff to the Zoo Captives for the year 2022-2023 under Group "A". It is also an admitted fact that subsequent to the year 2017-2018, the persons who are supplying food stuff to the Zoo Captives till date have not been selected on the basis of any tender process and that those persons, including the petitioner, are supplying food stuff to the Zoo Captives for the last 4 years on private basis. This private arrangement of supplying food stuff, without going through a tender process, does not appear to be proper, inasmuch as, public money is involved in procuring food stuff. Further, the issue in the earlier writ petition and Page No.# 4/4

in the review petitions was with regard to the tender for supplying food stuff to the Zoo Captives for the year 2018-2019 only. It has nothing to do with the supply of food stuff for the year 2022 - 2023

10. Due to the reasons stated above, this Court is of the view that tender process should be allowed to continue. As the Addl. Advocate General, Assam has stated that the petitioner will be allowed to participate in the Quotation Notice dated 11.11.2022, the petitioner is accordingly given the liberty to participate in the Quotation Notice dated 11.11.2022, by submitting his bid amount on or before 3 pm of 24.11.2022. Writ petition is accordingly disposed of.

JUDGE

Comparing Assistant