Diganta Borah vs The State Of Assam And 4 Ors
2024 Latest Caselaw 8620 Gua

Gauhati High Court

Diganta Borah vs The State Of Assam And 4 Ors on 25 November, 2024

                                                               Page No.# 1/5

GAHC010227822024




                                                        undefined

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

                             Case No. : WA/386/2024

         DIGANTA BORAH
         S/O LATE SARAT CHANDRA BORAH, RESIDENT OF SIVAMANDIR PATH,
         KHANAPARA, GUWAHATI 781022



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY, GOVT OF ASSAM,
         ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT, DISPUR, ASSAM,
         GHY-06

         2:THE DIRECTOR
         ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
         ASSAM
          CHENIKUTHI
          GUWAHATI-03

         3:THE BID PROCESS MANAGEMENT COMMITTEE
          REPRESENTED BY ITS CHAIRMAN
          OFFICE OF THE DIRECTOR
         ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
          CHENIKUTHI
          GUWAHATI-03
         ASSAM

         4:THE DISTRICT ANIMAL HUSBANDRY AND VETERINARY OFFICER
          NALBARI
          NALBARI
         ASSAM
          PIN-781335

         5:BALEN ROY MEDHI
                                                                         Page No.# 2/5

             S/O LT. RAJMOHAN ROYMEDHI
             R/O BHARALUMUKH
             KUMARPARA
             K.R.B. ROAD
             GHY-09
             P.S.-BHARALUMUKH
             DIST-KAMRUP (M)
             ASSAM
             PIN-78100

Advocate for the Petitioner   : MR. H N SARMA, MR. R M DEKA,MR. K N CHOUDHURY,N
GAUTAM

Advocate for the Respondent : GA, ASSAM,

             Linked Case : WA/388/2024

            BOBITA BORAH
            W/O SRI JAYANTA BORAH

            RESIDENT OF SIVAMANDIR PATH
            KHANAPARA GUWAHATI 781022


             VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY
            GOVT OF ASSAM
            ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
            DISPUR ASSAM GHY-06

            2:THE DIRECTOR
            ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
            ASSAM
            CHENIKUTHI GUWAHATI-03

            3:THE BID PROCESS MANAGEMENT COMMITTEE
            REPRESENTED BY ITS CHAIRMAN
            OFFICE OF THE DIRECTOR
            ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
            CHENIKUTHI GUWAHATI-03 ASSAM

            4:THE DISTRICT ANIMAL HUSBANDRY AND VETERINARY OFFICER
            NALBARI
            NALBARI ASSAM
            PIN-781335
                                                         Page No.# 3/5


5:BALEN ROY MEDHI
S/O LT. RAJMOHAN ROYMEDHI
R/O BHARALUMUKH
KUMARPARA
K.R.B. ROAD
GHY-09
P.S.-BHARALUMUKH
DIST-KAMRUP (M)
ASSAM PIN-781009
------------

Advocate for : MR. H N SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS

Linked Case : WA/381/2024

THE STATE OF ASSAM AND ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT DISPUR ASSAM GHY-06

2: THE DIRECTOR ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT ASSAM CHENIKUTHI GUWAHATI-03

3: THE BID PROCESS MANAGEMENT COMMITTEE REPRESENTED BY THE CHAIRMAN OFFICE OF THE DIRECTOR OF ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT ASSAM CHENIKUTHI GUWAHATI-03 ASSAM

4: THE DISTRICT ANIMAL HUSBANDRY VETERINARY OFFICER NALBARI ASSAM

VERSUS

BALEN ROY MEDHI S/O- LATE RAJMOHAN ROYMEDHI R/O- BHARALUMUKH KUMARPARA KRB ROAD GHY-09 P.S- BHARALUMUKH DIST- KAMRUP (M) ASSAM PIN-781009

2:HEMANTA KUMAR BORAH RESIDENT OF SIVAMANDIR PATH KHANAPARA GUWAHATI-22 ASSAM Page No.# 4/5

For the appellants : Mr. K.N. Choudhury, Sr. Advocate Assisted by Ms. R.R. Kakati, Advocate in WA 386/2024 & WA 388/2024 Mr. D. Nath, Sr. Govt. Advocate,

For the respondents : Mr. D. Nath, Sr. Govt. Advocate, Assam for respondent Nos.1 to 4 in

-BEFORE-

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

25-11-2024 (Vijay Bishnoi, C.J.) These writ appeals are preferred by the appellants being aggrieved with the common judgment and order dated 27.09.2024 passed by the learned Single Judge in WP(C) Nos.1069/2024, 1178/2024, 998/2024, 996/2024 and 1071/2024.

It is submitted that the learned Single Judge has erred in interfering in the matter of allotment of contract. It is submitted that the learned Single Judge has recorded the finding that the process adopted for allotting the works to the private respondent herein is not in accordance with law. It is also submitted that there is no requirement for a bidder to furnish the details from whom he is going to purchase the material. It is submitted that the State Government, after taking into consideration the fact that the successful bidder was L-1 and he is capable of carrying out the construction work, has allotted the contract in Page No.# 5/5

accordance with law.

Having heard the learned counsel appearing for the parties, we are of the view that the matters require consideration. Hence, issue notice, returnable in four weeks.

Mr. D. Nath, learned Senior Government Advocate, Assam puts in appearance on behalf of the respondent Nos.1 to 4 in WA 386/2024 and WA 388/2024. Hence, no formal notice need be issued to the said respondents.

Mr. K.N. Choudhury, learned senior counsel puts in appearance on behalf of the proforma respondent in WA 381/2024.

Let notice be issued only to the private respondent in all the three writ appeals.

Appellants to take steps for service of notice upon the private respondent by registered post with A/D within three days.

In the meantime, effect and operation of the impugned judgment and order dated 27.09.2024 passed by the learned Single Judge shall remain stayed in respect of all the appeals.

                        JUDGE                      CHIEF JUSTICE




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