Gauhati High Court

Page No.# 1/12 vs The State Of Assam And 2 Ors on 25 July, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                         Page No.# 1/12

GAHC010164482025




                                                                 2025:GAU-AS:9613

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

                               Case No. : WP(C)/4179/2025

            M/S RANA CONSTRUCTION AND ENGINEERS PVT LTD
            SURAJ COMPLEX, ULUBARI CHARIALI, KAMRUP (METRO), GUWAHATI-
            781007, ASSAM, REPRESENTED BY ONE OF ITS DIRECTOR, RANA ZAMAN,
            AGED ABOUT 52 YEARS, SON OF ALHAZ RAHMAN ALI, RESIDENT OF
            HOUSE NO. 62, RAHMAN MANSION, SOUTH SARANIA, P.O.- ULUBARI,
            DIST.- KAMRUP(M), ASSAM, GUWAHATI-781 007



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO
            THE GOVERNMENT OF ASSAM, PUBLIC WORKS ROADS DEPARTMENT,
            DISPUR, GUWAHATI-781006

            2:THE CHIEF ENGINEER
             PUBLIC WORKS ROADS DEPARTMENT
             GOVERNMENT OF ASSAM
             CHANDMARI
             GUWAHATI-781003.

            3:EXECUTIVE ENGINEER
             PUBLIC WORKS ROADS DEPTT GOVT OF ASSAM DISPUR AND DIMORIA
            TERRITORIAL ROAD DIVN
             GUWAHATI-781021

Advocate for the Petitioner   : MR. K N CHOUDHURY, MR. TANUZ KASHYAP,N
GAUTAM,MR. R M DEKA

Advocate for the Respondent : SC, PWD,
                                                    Page No.# 2/12



Linked Case : WP(C)/4177/2025

M/S RANA CONSTRUCTION AND ENGINEERS PVT LTD
SURAJ COMPLEX
ULUBARI CHARIALI
KAMRUP (METRO)
GUWAHATI- 781007
ASSAM
REPRESENTED BY ONE OF ITS DIRECTOR
RANA ZAMAN
AGED ABOUT 52 YEARS
SON OF ALHAZ RAHMAN ALI
RESIDENT OF HOUSE NO. 62
RAHMAN MANSION
SOUTH SARANIA
P.O.- ULUBARI
DIST.- KAMRUP(M)
ASSAM
GUWAHATI-781 007


VERSUS

THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC WORKS ROADS DEPARTMENT
DISPUR
GUWAHATI-781006

2:THE CHIEF ENGINEER
 PUBLIC WORKS ROADS DEPARTMENT
 GOVERNMENT OF ASSAM
CHANDMARI
 GUWAHATI-781003.

3:EXECUTIVE ENGINEER
PUBLIC WORKS ROADS DEPTT GOVT OF ASSAM DISPUR AND DIMORIA
TERRITORIAL ROAD DIVN
GUWAHATI-781021.
------------

Advocate for : MR. K N CHOUDHURY Advocate for : SC PWD appearing for THE STATE OF ASSAM AND 2 ORS.

Page No.# 3/12

Linked Case : WP(C)/4180/2025

M/S RANA CONSTRUCTION AND ENGINEERS PVT LTD SURAJ COMPLEX ULUBARI CHARIALI KAMRUP (METRO) GUWAHATI- 781007 ASSAM REPRESENTED BY ONE OF ITS DIRECTOR RANA ZAMAN AGED ABOUT 52 YEARS SON OF ALHAZ RAHMAN ALI

RAHMAN MANSION SOUTH SARANIA P.O.- ULUBARI DIST.- KAMRUP(M) ASSAM GUWAHATI-781 007

VERSUS

THE STATE OF ASSAM AND 2 ORS.

REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS ROADS DEPARTMENT DISPUR GUWAHATI-781006

2:THE CHIEF ENGINEER PUBLIC WORKS ROADS DEPARTMENT GOVERNMENT OF ASSAM CHANDMARI GUWAHATI-781003.

3:EXECUTIVE ENGINEER PUBLIC WORKS ROADS DEPTT GOVT OF ASSAM DISPUR AND DIMORIA TERRITORIAL ROAD DIVN GUWAHATI-781021.

------------

Advocate for : MR. K N CHOUDHURY Advocate for : SC PWD appearing for THE STATE OF ASSAM AND 2 ORS.

Page No.# 4/12

Linked Case : WP(C)/4182/2025

RAHMAN MANSION SOUTH SARANIA P.O.- ULUBARI DIST.- KAMRUP(M) ASSAM GUWAHATI-781 007

VERSUS

THE STATE OF ASSAM AND 2 ORS.

REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS ROADS DEPARTMENT DISPUR GUWAHATI-781006

2:THE CHIEF ENGINEER PUBLIC WORKS ROADS DEPARTMENT GOVERNMENT OF ASSAM CHANDMARI GUWAHATI-781003.

3:EXECUTIVE ENGINEER PUBLIC WORKS ROADS DEPTT GOVT OF ASSAM DISPUR AND DIMORIA TERRITORIAL ROAD DIVN GUWAHATI-781021.

------------

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH Page No.# 5/12

Advocate for the petitioner(s): Mr. KN Choudhury, Senior Advocate Mr. RM Deka

Advocate for the respondent(s): Mr. B Gogoi, Additional AG, Assam & Standing Counsel, PWD

Date of hearing & judgment : 25.07.2025

JUDGMENT & ORDER(ORAL)

Heard Mr. KN Choudhury, the learned Senior Counsel, assisted by Mr. RM Deka, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. B Gogoi, the learned Additional Advocate General, Assam as well as the learned Standing Counsel for the respondent PWD.

2. Taking into account that the issues involved in the batch of four writ petitions are similar and there is an urgency expressed in the matter, the instant batch of writ petitions are being taken up together at the motion stage itself for disposal by this common order.

3. The Chief Engineer, Public Works Roads Department, Chandmari, Guwahati, who is the respondent No.2 in the batch of writ petitions, had issued a detailed Notice Inviting Tender (for short, the NIT) dated Page No.# 6/12

21.06.2025. The petitioner herein is interested to bid against the works as specifically mentioned at Sl. Nos. 47 to 50 of the said NIT dated 21.06.2025. The details of the works in question which are mentioned at Sl.Nos.47 to 50 are reproduced hereinunder:

Sl. Name of LAC Name of Work Package Estimate Bid Tender Completion district No. d Amount Security Processing Period in (Rs.in months Lakhs) (In Rs.) Fee

[Refer ITB (In Rs.) Clause Ref:

(16)]

47 Kamrup Dimoria Construction of MMPPNA_ 290.00 5,80,000.0 5,800.00 9

(M) Krishi Samabai I_25_26_ Samity Ltd. 47 Connecting Road under Mukhya Mantrir Paki Path Nirman Achani (MMPPNA) under RIDF-

                              XXXI             of
                              NABARD for the
                              year 2025-26.


48    Kamrup       Dimoria    Construction of MMPPNA_ 130.00           2,60,000.0   2,600.00     9

      (M)                     27 to Namgaon I_25_26_
                              Anganbadi
                                                                                     Page No.# 7/12

                        Kendra to Khat 48
                        Tetelia      Road
                        under     Mukhya
                        Mantrir       Paki
                        Path      Nirman
                        Achani
                        (MMPPNA)
                        under      RIDF-
                        XXXI            of
                        NABARD for the
                        year 2025-26.

49 Kamrup Dimoria Construction of MMPPNA_ 393.68 7,87,000.00 7,870.00 12 Tiwa Path- RIDF_XXX (M) Mukunibala Roy I_25_26_ Path at Bonda, 49 Gopal Nagar with proper Drainage under Mukhya Mantrir Paki Path Nirman Achani (MMPPNA) under RIDF-

                        XXXI            of
                        NABARD for the
                        year 2025-26.

50 Kamrup Dimoria Construction of MMPPNA_ 289.20 5,78,000.00 5,780.00 9 RIDF_XXX Bonda Sluice I_25_26_ (M) Gate to Lichu 50 Bagan connecting Road under Mukhya Mantrir Paki Path Nirman Achani (MMPPNA) under RIDF-

                        XXXI            of
                        NABARD for the
                                                                                 Page No.# 8/12

                           year 2025-26.

4. It is also seen from the said NIT that the bid submission closing date is on 28.07.2025 up to 2.P.M., and the technical bids would be opened on the same date at 2:30 P.M.

5. The said NIT further refers to the bid document at Sl.No.5 of the Note. The said bid document contains various terms and conditions which are required to be fulfilled. Amongst them is Clause 7.1 of the Instruction to the bidders. The said clause being relevant is reproduced hereinunder:

"7.Site visit

7.1 The Bidder, at the Bidder's own responsibility and risk is bound to visit and examine the site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the works.

The Bidder shall obtain a mandatory Site Visit Certificate with Verification from Concerned Engineer authenticating his visit to the site of works and submit the same along with the Bid.

The costs of visiting the site shall be at the bidder's own expense.

The Bidder also acknowledges that prior to submission of Bid, he has, after a complete and careful examination, made an independent evaluation of the Scope of the Project, Specifications and Standards of design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, suitability and availability of access routes to the Site and all information provided by the Employer or Page No.# 9/12

obtained, procured or gathered otherwise, and has determined to its satisfaction the accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are likely to arise or may be faced by it in the course of performance of its obligations hereunder. The Employer makes no representation whatsoever, express, implicit or otherwise regarding the accuracy, adequacy, correctness, reliability and/or completeness of any assessment, assumptions, statement or information provided by it and the Bidder confirms that it shall have no claim whatsoever against the Employer in this regard."

6. A perusal of the above quoted conditions stipulates that the bidder at its own risk and responsibility is bound to visit and examine the site of works and its surroundings and obtain all information that may be necessary for preparing the bid and entering into a contract for construction of the work. The bidder further shall obtain a mandatory Site Visit Certificate with Verification from Concerned Engineer authenticating his visit to the site of works and submit the same along with the bid. It is further seen from the very clause, the reason why the site visit certificate is required. The reason being that the bidder after a complete and careful examination had made an independent evaluation of the Scope of the Project, Specification and Standards of the design, construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and geology, suitability and availability of access routes to the Site and all information.

7. In the opinion of this Court, the site verification certificate upon being submitted by the bidder with his/her/its bid after verification Page No.# 10/12

from the concerned Engineer, is an acknowledgement by the bidder that he is aware of the various conditions, on the basis of which, he would submit his bid and later on cannot take any excuse that the site in question was not conducive for working or the bids so submitted was inadequate.

8. The grievance of the petitioner herein is that the representatives of the petitioner though had visited the sites in respect to the four contract works referred to above on 14.07.2025 and thereupon requested the concerned Engineer, who is the Executive Engineer, PWRD, Govt. of Assam, Dimoria Territorial Road Division, Guwahati being the respondent No.3 to issue the site visit certificates, but the said site verification certificates are not countersigned by the respondent No.3. The petitioner, thereupon, had submitted representations on 16.07.2025 to the respondent No.3 and on 20.07.2025 to the respondent No.2, but to no avail, for which, the present batch of writ petitions have been filed.

9. This Court having heard the learned Senior Counsel appearing on behalf of the petitioner as well as the learned Standing Counsel, Mr. B Gogoi and also upon perusal of Clause 7.1 is of the opinion that when the petitioner duly acknowledges that he has duly examined the site of work and its surroundings and had obtained all information that Page No.# 11/12

may be necessary for preparing the bid and entering into the contract for construction of the works, there should be no inhibitions on the part of the respondent No.3 to countersign the site visit certificates.

10. This Court further takes note of that if the petitioner is deprived on account of the respondent No.3 not countersigning the said certificates inspite of the petitioner's acknowledgment to the terms of Clause 7.1 of the instructions to the bidders, it would amount to violating the rights of the petitioner under Article 14 of the Constitution.

11. Considering the above, this Court, therefore, disposes of the present batch of writ petition with the direction to the respondent No.3 to countersign the site visit certificate so submitted by the petitioner in respect to the four contract works as have been already submitted to the respondent No. 3 so that the petitioner is in a position to file the same along with the bids in pursuance to the detailed NIT dated 21.06.2025.

12. During the course of hearing, Mr. B Gogoi, the learned Standing Counsel for the Respondents submitted that the representatives of the Petitioner can visit the respondent No.3 today and the Respondent No.3 shall do the needful as required under the law. Accordingly, this Page No.# 12/12

Court further grants the liberty to the petitioner herein to approach the respondent No.3 by 4.30 P.M. today along with the copies of the site visit certificates so that the signatures can be obtained from the respondent No.3. The present detailed judgment be furnished by the petitioner by Monday i.e. 28.07.2025 to the respondent No.3. In the meantime, Mr. B Gogoi, the learned Standing Counsel, PWD is directed to intimate the respondent No.3 telephonically that the representatives of the petitioner would be approaching the respondent No.3 by 4.30 P.M. today for the certification of the site verification certificates.

13. Before parting with the record, this Court, however, makes it clear that this Court had not decided anything as regards the eligibility of the petitioner in respect to the NIT dated 21.06.2015.

14. With the above, the writ petitions stand disposed of.

JUDGE

Comparing Assistant