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Gauhati High Court
S/O Jagdish Chandra Sarma vs The State Of Assam And 2 Ors on 23 February, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page no. # 1 of 5
GAHC010032872026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
Case No. : WP(C)/948/2026
DIPAK SARMA
S/O JAGDISH CHANDRA SARMA, H. NO. 6, A.K. DEV ROAD, MILAN
PATH, FATASIL AMBARI, DISTRICT- KAMRUP(M), ASSAM - 781025
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO
THE GOVERNMENT OFASSAM, PUBLIC WORKS (ROADS)
DEPARTMENT, DISPUR, GUWAHATI-06
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (ROADS)
CHANDMARI
GUWAHATI
ASSAM- 781003
3:THE EXECUTIVE ENGINEER
Page no. # 2 of 5
PWRD
NALBARI DISTRICT TERRITORIAL ROAD DIVISION
NALBARI
ASSAM- 78133
Advocate for the Petitioner : MD S HOQUE, MR. M DEKA
Advocate for the Respondent : SC, PWD ROAD,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 23.02.2026
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. S.
Hoque, learned counsel for the petitioners and Mr. B. Gogoi, learned Additional
Advocate General, Assam for all the respondents.
2. By a Detailed Notice Inviting Tender dated 17.10.2025 ['1ST NIT', for
short], the respondent no. 2 invited bids for the following two nos. of works :
Sl. Name of Name of work Package no. Estimated Bid Security [in Tender Completion
No. District Amount Rs.] [Refer ITB Processing Period in
[Rs. In Clause Ref : Fee [in months
Lakhs] (16)] Rs.]
Improvement and Upgradation of
Road from [i] Jaijabari Chowk to
Barbila from Ch.0.00 Km [Jaijabari
Chowk] to Ch. 13.17 Km [Allia], [ii] ASOM MALA
1 Nalbari 5948.00 1,18,96,000.00 30,000.00 18
Bhuyarkuchi to BDT from Ch.0.00 3.0_25_26_48
[Bhuyarkuchi] to Ch. 7.00 [Hahdali]
under ASOM Mala 3.0 for the year
2025-26
2 Nalbari Improvement and Upgradation of 3304.13 66,08,000.00 20,000.00 18
Road from Akhara to Sialmari from ASOM MALA
Ch.0.00 Km [Akhara Namghar
Page no. # 3 of 5
Tiniali] to Ch.7.608 Km [Sialmari] 3.0_25_26_49
under ASOM Mala 3.0 for the year
2025-26
3. The present writ petition is preferred with regard to the Contract-Work at
serial no. 1. The petitioner has canvassed that in response to the 1st NIT dated
17.10.2025, he submitted his bid in respect of the Contract-Work. On the
scheduled date, the technical bids of three participant bidders were opened and
as per the technical qualification summary sheet, the technical bids of all the
three participant bidders were found responsive. Thereafter, the financial bids of
the three participant bidders were opened and evaluated. As per the BoQ
summary details, the petitioner had quoted the lowest bid value and was
adjudged as L-1.
4. It is the case of the petitioner that in respect of the Contract-Work
mentioned at serial no. 2 in the 1st NIT, the respondent authorities have already
finalized the tender process in the meantime. In respect of the Contract-Work
under reference, the respondent authorities did not finalize the tender process
despite elapse of a period of time.
5. Aggrieved thereby, the petitioner has preferred a writ petition, W.P.[C] no.
712/2026. When the writ petition was moved on 11.02.2026, the learned counsel
appearing for the respondent authorities was asked to obtain necessary
instructions in the matter and the writ petition was posted on 20.02.2026.
6. In the meantime, the Detailed Notice Inviting Tender [Re-Bid] ['the 2nd
NIT', for short] has been published on 12.02.2026 for the same Contract-Work
with the following details :
Sl. Name of Name of work Package no. Estimated Bid Security [in Tender Completion
No. District Amount Rs.] [Refer ITB Processing Period in
[Rs. In Clause Ref : Fee [in months
Lakhs] (16)] Rs.]
1 Nalbari Improvement and Upgradation of 5924.45 1,18,48,900.00 30,000.00 18
Road from [i] Jaijabari Chowk to ASOM MALA
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Barbila from Ch.0.00 Km [Jaijabari 3.0_25_26_48
Chowk] to Ch. 13.17 Km [Allia], [ii]
Bhuyarkuchi to BDT from Ch.0.00
[Bhuyarkuchi] to Ch. 7.00 [Hahdali]
under ASOM Mala 3.0 for the year
2025-26
7. Though the petitioner has not been informed regarding cancellation of the
tender process initiated by the 1st NIT, it is evident that by the 2nd NIT, bids are
again invited for the same Contract-Work with minor modification in the
estimated amount. Hence the present writ petition.
8. On 20.02.2026, when the writ petition was listed, Mr. Gogoi, learned
Additional Advocate General, Assam who appeared for the respondents, was
asked to obtain instructions in the matter.
9. Today, Mr. Gogoi has placed a set of instructions, forwarded to him by the
office of the respondent no. 2. As per the instructions, the earlier tender process
initiated by the 1st NIT dated 17.10.2025 was deliberated and reviewed at the
Department level and it was advised to incorporate certain modifications in the
specification of the Contract-Work and a report to that effect was also submitted.
After deliberation, a revised DPR and a revised estimate have been prepared
incorporating the corrective measures keeping the project cost within the same
sanctioned limit. Accordingly, the earlier tender process initiated by the 1st NIT
has been decided for withdrawal invoking the employer's right under Clause 32
of the Bidding document.
10. The matter would require further consideration.
11. Issue notice, returnable on 12.03.2026.
12. As Mr. Gogoi, learned Additional Advocate General, Assam has appeared
and accepted notice on behalf of all the respondents, issuance of formal notices
to the respondents are dispensed with. However, extra copies of the writ petition
along with annexures are to be furnished to Mr. Gogoi within 2 [two] working
days from today.
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13. Heard the learned counsel for the parties on the interim prayer.
14. The learned Senior Counsel for the petitioner has submitted that once a
process has been finalized and the petitioner emerged as L-1, latest a right has
been crystalized in favour of the petitioner to know about the fate of his valid
bid. The action of the respondent authorities, according to him, is arbitrary and
mala fide in cancellation of the earlier tender process initiated vide the 1st NIT
and initiation of a fresh tender process initiated vide the Notice Inviting Tender
[Re-Bid] dated 12.02.2026 smacks of arbitrariness and mala fide action.
15. The matter would need a deeper consideration. As the last date of
submission of bid pursuant to the Detailed Notice Inviting Tender [Re-Bid] dated
12.02.2026 is 24.02.2026, the respondent authorities shall continue to accept the
bids received in response to the 2nd NIT. In order to balance the equities and
finding force in the submissions made on behalf by the petitioner, it is ordered,
in the interim, that the bids received in response to the 2nd NIT shall not be
opened till the returnable date.
16. Mr. Gogoi, learned Additional Advocate General, Assam has submitted that
he will file the counter affidavit by 02.03.2026. If such counter affidavit is filed,
then the petitioner shall file its reply affidavit, if any, on or before 09.03.2026.
17. List the case on 12.03.2026.
JUDGE
Comparing Assistant
