[Cites 0, Cited by 0]
Gauhati High Court
Munindra Doley vs The State Of Assam on 25 March, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/5
GAHC010061772026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1742/2026
MUNINDRA DOLEY
S/O GANIRAM DOELY, R/O TINIGHARIA MISING, P.O. AND P.S. DHEMAJI,
DIST. DHEMAJI, PIN 787057, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED HEREIN BY THE COMMISSIONER AND SECY. TO THE
GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPTT., JANATA
BHAWAN, DISPUR, GUWAHATI, DIST. KAMRUP (M), ASSAM 781006
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
ENVIRONMENT AND FOREST DEPTT.
JANATA BHAWAN
DISPUR
GUWAHATI
DIST. KAMRUP M
ASSAM 781006
3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FOREST FORCE
ASSAM
ARANYA BHAWAN
PANJABARI
GUWAHATI 781037
4:THE DIVISIONAL FOREST OFFICER
DHEMAJI DIVISION
DIST. DHEMAJI
ASSAM.
5:THE CHIEF CONSERVATOR OF FORESTS (T)
UPPER ASSAM ZONE
JORHAT
Page No. 2/5
DIST. JORHAT
ASSAM.
6:THE CHIEF CONSERVATOR OF FOREST
NORTHERN ASSAM CIRCLE
TEZPUR
DIST. SONITPUR
ASSAM.
7:SMT. ANITA PEGU KUMBANG
W/O BIJU KUMABANG
R/O NATUN MISING GAON
P.O. AND P.S. SILAPATHAR
DIST. DHEMAJI
PIN787059
ASSAM.
8:THE ASSAM ELECTRONICS DEVELOPMENT CORPORATION LTD.
(AMTRON) REPRESENTED HEREIN BY ITS MANAGING DIRECTOR
INDUSTRIAL ESTATE
BAMUNIMAIDAM
GUWAHATI 78102
Advocate for the Petitioner : MR S BORTHAKUR, MR. U S BORA,MR. D GOGOI
Advocate for the Respondent : SC, FOREST,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 25.03.2026
Heard Mr. D. Gogoi, learned counsel for the petitioner; Mr. R.R. Gogoi, learned
Standing Counsel, Forest Department for the respondent nos. 1, 2, 3, 4, 5 & 6; and Mr. J.
Sarma, learned counsel who has entered appearance on the strength of a caveat for the
respondent no. 7.
2. By an Auction Notice dated 21.01.2026, the respondent no. 4 invited on-line bids for
award of a contract for a mining mineral concession area, namely, 'Upper Subansiri Manika
Sand and Gravel Mining Concession Area [Rev. portion] ['the Mining Contract Area', for short].
The bidding process was in two-bid system consisting of the technical bid and financial bid. In
response to the Auction Notice dated 21.01.2026, the petitioner had submitted his bid for the
Mining Contract Area complying all the formalities. Three other bidders including the
respondent no. 7, also participated in the auction process. The technical bids were opened
after the bid closure date. Upon evaluation, the Bid Evaluation Committee had adjudged the
bid of the petitioner as non-responsive.
3. Mr. Gogoi, learned counsel for the petitioner referring to sub-clause [ix] of Clause B :
'Bid Letter' of Part-II : Schedule-I : Format of Technical Bid of the Bidding Document has
submitted that the technical bid of the petitioner was compliant to all the conditions. Yet, the
Bid Evaluation Committee has rejected the technical bid of the petitioner on the ground that
'there is no page no. on each page of the technical bid documents'.
4. Mr. Gogoi, learned Standing Counsel, Forest Department has contended that the page
nos. were to be mentioned at two places on each pages, that is, at the top and also, at the
foot. In the case of the petitioner, there was no page nos. at the top of the page.
5. Mr. Sarma, learned counsel for the respondent no. 7 has submitted in similar lines as
Mr. Gogoi, learned Standing Counsel, Forest Department. Mr. Sarma, learned counsel for the
respondent no. 7 has further submitted that after opening of the price bids, the respondent
no. 7 has emerged as highest bidder.
6. The matter would require consideration.
7. Issue notice, returnable on 04.05.2026.
8. As Mr. Gogoi has appeared and accepted notices on behalf of the respondent nos. 1, 2,
3, 4, 5 & 6; and Mr. Sarma has appeared and accepted notices on behalf of the respondent
no. 7, issuance of formal notice to the said respondents is dispensed with. The learned
counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along
with the annexures, to Mr. Gogoi and Mr. Sarma within 2 [two] working days from today.
9. The petitioner shall take steps for service of notice upon the respondent no. 8 by
speed post within 2 [two] working days from today. In addition, the petitioner is permitted, as
prayed for, to take steps for service of notice upon the respondent no. 8 by dasti service,
which is to be routed through the Registry of the Court. After service of notice upon the
respondent no. 8 by way of dasti, the petitioner shall file a compliance affidavit to that effect
before the returnable date.
10. The bone of contention between the parties appears to have veered towards the
following clause in the Auction Notice / Bid Document.
[ix] All the scanned documents must be self attached and combined into a single PDF
bid document with page numbers and digital signatures to be applied at the top of
each page. Page numbers to be mentioned in the footer of the bid document in the
following format : Page No. N/T, where N is the specific page number and T is the
total number of pages included in the bid document, otherwise it will lead to technical
disqualification.
11. It is the case of the petitioner that the page nos. are to be mentioned only at the foot
of the Bid Document with specific page number followed by the total nos. of pages included
in the Bid Document. The submissions of the learned counsel for the respondents are at
variance.
12. Having gone through the projections made on behalf of the petitioner in the afore-
stated manner and prima facie satisfied, it is ordered, in the interim, that the respondent
authorities shall not proceed further with the auction process and shall not issue settlement
order, till the returnable date.
13. The respondent no. 8 shall ensure that the records of the tender process under
reference is preserved until further orders.
14. List the case on 04.05.2026.
JUDGE
Comparing Assistant
