Uttaran Social Welfare Society vs The Guwahati Municipal Corporation
2025 Latest Caselaw 3225 Gua

Gauhati High Court

Uttaran Social Welfare Society vs The Guwahati Municipal Corporation on 17 February, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

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GAHC010032202025




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

                                 Case No. : WP(C)/829/2025

            UTTARAN SOCIAL WELFARE SOCIETY, AN NON GOVERNMENTAL
            ORGANIZATION
            HAVING ITS REGISTERED OFFICE AT HENGRABARI, FOREST GATE, NEAR
            DC OFFICE, GUWAHATI, 781036, KAMRUP(M) REPRESENTED BY SRI
            MUNIDRA NARAYAN MEDHI, SON OF LATE PRAFULLA CHANDRA
            KALITA, AGED ABOUT 55 YEARS



            VERSUS

            THE GUWAHATI MUNICIPAL CORPORATION
            GANESH MANDIR, GUWAHATI, PIN 781006 AND IS REPRESENTED BY THE
            COMMISSIONER

            2:THE COMMISSIONER
            THE GUWAHATI MUNICIPAL CORPORATION
             GANESH MANDIR
             GUWAHATI
            ASSAM

            3:SOCIAL DEVELOPMENT AND BEAUTY CULTURE
            AN NON-GOVERNMENTAL ORGANIZATION
             HAVING ITS REGISTERED OFFICE AT DHIRENPARA P/O AND P/S -
            FATASHIL AMBARI
             PIN 781025 DISTRICT - KAMRUP(M)
            ASSAM AND IS REPRESENTED BY ITS PRESIDENT
             SRI SADHAN DA

Advocate for the Petitioner   : MR S ISLAM, MR N J KUMAR,MR D DEKA

Advocate for the Respondent : SC, GMC,
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                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

17.02.2025 Heard Mr. D. Deka, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned counsel for the respondents No. 1 & 2.

This writ petition is directed against the work order dated 07.02.2025 issued to the private respondent No. 3 pursuant to the de-limitation process undertaken by the GMC on 05.02.2025. The petitioner is also participated in the tender process for the work "Door to Door Collection and Transportation of Municipal Waste in various wards of Guwahati Municipal Corporation". The entire work was divided into 18 packages covering all 60 wards under the GMC authorities. The petitioner and the private respondent No. 3 both participated in package No. 13.

It is submitted by the petitioner that earlier being aggrieved the petitioner is approached this Court by filing W.P(C) No. 5118/2024 when another tenderer was settled with the work. This Court by Judgment and Order dated 09.01.2025 interfered with the settlement made and thereafter directed the respondent authorities to go for fresh evaluation on the remaining bidders including that of the petitioner. It is pursuant to the said direction that re-evaluation was undertaken. But by order dated 07.02.2025, the private respondent No. 3 was awarded the work order for undertaking work in package 13. Being aggrieved, the present writ petition has been filed.

Issue Notice, Returnable in three weeks.

Since Mr. P Nayak, learned counsel accepted notice on behalf of respondents No. 1 & 2, Notices are waived. However, extra copies be furnished within one Page No.# 3/3

week from today.

Steps on respondent No. 3 be taken by registered post with A/D as well as usual course. Dasti routed through the Registry of this Court is also permitted.

Let the matter be listed on a fixed date by the Registry of this Court.

Notice on the interim prayer to be re-considered on the next returnable date.

JUDGE

Comparing Assistant