Gauhati High Court
Page No.# 1/7 vs The State Of Arunachal Pradesh And 3 Ors ... on 9 January, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/7
GAHC010005782025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No: I.A.(Civil)/76/2025
M/S AASRAY FOODS PVT LTD AND ANR
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ITS OFFICE AT 22
AMARABATHI PATH
1ST FLOOR
CHRISTIAN BASTI
G.S. ROAD
GUWAHATI- 781101
KAMRUP(M)
ASSAM. BEING REPRESENTED BY ITS DIRECTOR
SHRI AMRIT DEORAH
2: SHRI AMRIT DEORAH
SON OF LATE ASHOK KR. DEORAH
RESIDENT OF FLAT NO. C801 C3802
SPANISH GARDEN
ZOO ROAD
P.O. DISPUR
GUWAHATI 781005
DISTRICT KAMRUP(M)
ASSAM
VERSUS
THE STATE OF ARUNACHAL PRADESH AND 3 ORS (A)
THROUGH THE SECRETARY TO THE GOVERNMENT OF ARUNACHAL
PRADESH
WOMEN AND CHILD DEVELOPMENT DEPARTMENT
ITANAGAR CAPITAL COMPLEX
ITANAGAR 791111.
2:THE DIRECTOR
DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT
ITANAGAR CAPITAL COMPLEX
Page No.# 2/7
ITANAGAR 791111
3:M/S. RAUSHEENA UDYOG LIMITED
ACOMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ITS OFFICE AT MAHAMAYA ROAD
DIBRUGARH
ASSAM PIN 786001 BEING REPRESENTED BY ITS DIRECTOR SHRI SAROJ
KR. AGARWAL
4:M/S. CONTINENTAL MILKOSE (INDIA) LIMITED
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ITS OFFICE AT FLAT NO. 5D
PRIYANKA APARTMENT
SC GOSWAMI ROAD
PAN BAZAAR
GUWAHATI
KAMRUP (M)
ASSAM 781001 BEING REPRESENTED BY ITS DIRECTOR SHRI SHYAM
SUNDAR AGARWAL
------------
Advocate for : MR. SURAJIT DUTTA
Advocate for : SC
A P appearing for THE STATE OF ARUNACHAL PRADESH AND 3 ORS (A)
Linked Case : I.A.(Civil)/77/2025
M/S AASRAY FOODS PVT LTD AND ANR
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956
HAVING ITS OFFICE AT 22
AMARABATHI PATH
1ST FLOOR
CHRISTIAN BASTI
G.S. ROAD
GUWAHATI- 781101
KAMRUP(M)
ASSAM. BEING REPRESENTED BY ITS DIRECTOR
SHRI AMRIT DEORAH
2: SHRI AMRIT DEORAH
SON OF LATE ASHOK KR. DEORAH
RESIDENT OF FLAT NO. C801-C3802
SPANISH GARDEN
ZOO ROAD
P.O. DISPUR
Page No.# 3/7
GUWAHATI 781005
DISTRICT KAMRUP(M)
ASSAM
VERSUS
THE STATE OF ARUNACHAL PRADESH AND ANR
THROUGH THE SECRETARY TO THE GOVERNMENT OF ARUNACHAL
PRADESH
WOMEN AND CHILD DEVELOPMENT DEPARTMENT
ITANAGAR CAPITAL COMPLEX
ITANAGAR 791111
2:THE DIRECTOR
DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT
ITANAGAR CAPITAL COMPLEX
ITANAGAR 791111
------------
Advocate for : MR. SURAJIT DUTTA
Advocate for : SC
A P appearing for THE STATE OF ARUNACHAL PRADESH AND ANR
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 09.01.2025
(K.R. Surana, J)
Heard Mr. S. Dutta, learned senior counsel, assisted by Mr. I.
Lahiri, learned counsel for the applicants. Also heard Mr. A. Chandran, learned
Senior Govt. Advocate appearing for respondents nos. 1 and 2.
2) The applicants in I.A. (C) no.76/2025 are the appellants in W.A
No. 7/2025, who are the petitioners in WP(C) No.93/2024. The applicants in I.A.
(C) No.77/2025 are the appellants in W.A no. 8/2025, who are the petitioners in
WP(C) No.227/2024. The learned Single Judge by a common judgement and
order dated 03.01.2025, passed in WP(C) No. 115/2024, WP(C) No.93/2024,
WP(C) No.105/2024 and WP(C) No.227/2024 dismissed all the writ petitions as
Page No.# 4/7
being devoid of merit.
3) Aggrieved by the dismissal of WP(C) No.93/2024, an intra Court
appeal, being WA No.7/2025 has been registered and against dismissal of
WP(C) No.227/2024, an intra Court appeal, being WA No.8/2025 has been
registered.
4) In view of the issues raised in both the connected intra Court
appeals, the Court is inclined to issue notice which is made returnable on
10.02.2025. Accordingly, the applicants are directed to take steps within
10.01.2025 for service of notice on the respondents nos. 3 and 4 in I.A.(C) No.
76/2025 by registered post with A/D. Extra copies of this application be served
upon the learned Senior Govt. Advocate within 10.01.2025.
5) The common applicants in both this interlocutory applications
have prayed for stay/ suspension of the operation of the common judgement
and order dated 03.01.2025, in so far as it relates to WP(C) No.93/2024 and
WP(C) No.227/2024.
6) The prayer is opposed by the learned Senior Govt. Advocate on
the ground that the tender was for supply of ready to food items fortified with
minerals and vitamins which are intended for being supplied under the various
nutrition schemes under the Women and Child Development Department, Govt.
of Arunachal Pradesh and accordingly, public interest would suffer if the
operation of the judgment and order, impugned in the connected two appeals
are stayed/ suspended.
7) Pursuant to the earlier tender process for which NIT dated
13.09.2021 was issued, the applicant no.1 was selected as one of the successful
bidders pursuant to supply order dated 10.02.2022, issued by respondent no.2,
the applicants had supplied rice and pulse based energy food to the State
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respondents and accordingly, the respondent no.2 is stated have issued a
completion certificate dated 06.07.2023 to the respondent no.1. It is projected
that the term of the contract was extended by order dated 29.05.2023 till
finalisation of the next tender process. The fresh NIT was issued on 20.02.2024.
The said NIT has been assailed by the applicants, amongst others, on the
ground that clause 5 and 8 of annexure-B to the NIT by which qualifying points
were incorporated in the NIT, was unreasonable, irrational and arbitrary and
incorporated for extraneous reasons with a view to accommodate and give
advantage to only few bidders and to give them an unfair advantage.
8) By order dated 04.03.2024, passed in WP(C) No.93/2024, the
learned Single Judge had issued an interim direction that the respondent
authorities shall receive the bids in pursuance to the NIT dated 19.02.2024 and
shall process the same on its own merits, however, the award of work shall not
be effected without leave of the Court. By order dated 07.06.2024, passed in
WP(C) No.227/2024, the learned Single Judge had passed an interim order and
thereby the operation of the impugned corrigendum dated 10.03.2024 was
stayed till the next date of listing.
9) The learned senior Counsel for the applicants has been able to
prima facie demonstrate that the applicant no.1, otherwise has the eligibility
qualifications to participate in the tender process. However, under Claus 5 and 8
of the corrigendum, impugned in WP(C) No.227/2024, certain additional
qualification points were added for supplying in more than one state and for a
higher net worth. The learned senior counsel for the applicants has also been
able to prima facie show that the learned Single Judge in paragraph no.38 of
the impugned judgement has arrived at a conclusion that the qualification
points at annexure-B to the clauses in the NIT is not rational. The learned senior
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counsel for the applicants has also been able to demonstrate that although no
affidavit-in-opposition has been filed by the State in the proceedings of WP(C)
No.227/2024, in paragraph no.38 of the impugned judgment it has been
recorded that "on consideration of the materials on record reveals that the
respondent authority have explained sufficiently and interpreted the terms
without any scope of ambiguity", which is prima facie contrary to the records.
10) The learned senior counsel for the applicants has submitted that
specific time was taken that the bid submitted by the applicant no.1 was more
competitive than the bid of the respondent no.3 and 4 in W.A. No.7/2025 in
respect of item no. 1,2 and 3 of the NIT. It is further submitted that for reasons
not disclosed by the State respondents by the comparative chart of bid was
never produced in the writ proceedings. It is also submitted that by order dated
26.11.2024, the learned Single Judge has recorded that the oral arguments are
concluded and thereupon, the learned Addl. Advocate General was directed to
produce the relevant records. It is further submitted that the impugned
judgement and order dated 03.01.2025 does not disclose that the relevant
records were produced before the learned Single Judge by the State. Moreover,
it is submitted that assuming that the records were produced after conclusion of
hearing, the learned Single Judge has perused the records without the same
being brought to the notice of the counsel appearing for the appellants and
therefore the contents of such records are not in the knowledge of the
applicants or the learned Counsel.
11) In the said context, upon a query of the Court, the learned
Senior Govt. Advocate has submitted that he has no instructions as to whether
and affidavit-in-opposition was filed by the State respondents in WP(C)
No.227/2024 and as nothing has been recorded in the impugned judgment and
Page No.# 7/7
order, without instructions he is unable to take a stand that an affidavit-in-
opposition was filed by the State respondents in connection with the said writ
proceeding and it is also clearly submitted that in absence of any observation in
the impugned judgment that the Addl. Advocate General for the State had
produced any record as directed by order dated 26.11.2024 passed in WP(C)
No.93/2024, he has no instruction as to whether the records of the tender
process was produced before the learned Single Judge.
12) In view of above discussions and in light of the finding and
conclusion recorded by the learned Single Judge in paragraph no.38 of
impugned judgment and order to the effect that the "qualification points at
Annexure-B to the Clauses in the NIeT appears not rational", the Court is
inclined to stay the operation of the common judgement and order dated
03.01.2025, passed in WP(C) No. 115/2024, WP(C) No.93/2024, WP(C)
No.105/2024 and WP(C) No.227/2024, till the next date of listing. Resultantly,
the interim order passed on 04.03.2024 by the learned Single Judge in WP(C)
No.93/2024 stands restored with effect from the date when certified copy of this
order is served on the office of the Director, Directorate of Women and Child
Development, Govt. of Arunachal Pradesh.
13) List on 10.02.2025, on which date the interim order passed shall
be revisited.
JUDGE JUDGE
Comparing Assistant
