Manipur High Court
All Manipur Contractors Association ... vs The Manipur Minorities & Obc Economic ... on 23 October, 2024
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
1
LAIREN Digitally
signed by
MAYUM LAIRENMAYU
M INDRAJEET
Item Nos. 63 & 64
INDRAJ SINGH IN THE HIGH COURT OF MANIPUR
Date:
EET 2024.10.24 AT IMPHAL
10:18:45
SINGH -07'00'
WP(C) No. 464 of 2024
with
MC(WP(C)) No. 399 of 2024
All Manipur Contractors Association Forum & anr.
Petitioners
Vs.
The Manipur Minorities & OBC Economic Development Society
& 5 ors.
Respondents
BEFORE
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
23.10.2024
Mr. S. Rupachandra, learned senior counsel, appeared for the
petitioners and Mr. Lenin Hijam, learned Advocate General assisted
by Ms. Thanyomi Keishing, learned counsel, appeared for the
respondents.
During the midst of the hearing, the learned A.G., by relying
on the judgment of the Hon'ble Apex Court in the case of "Poonam
Vrs. State of UP & ors." reported in (2016) 2 SCC 779,
submitted that pursuant to the impugned NIT, the Government has
issued 2(two) work orders dated 23.07.2024 and 26.07.2024 and
that if the said successful bidders/contractors are not impleaded in
the present proceedings, their interest will be greatly affected in the
event of quashing the said work orders. The learned A.G.,
accordingly, submitted that it will be in the interest of justice to
implead the said 2 successful contractors as a respondents in the
present proceedings so as to enable them to defend their case.
Mr. S. Rupachandra, learned senior counsel appearing for the
petitioners, submitted that by an order dated 18.07.2024, this Court
has already made it clear that any work order passed pursuant to
the impugned NIT will be subject to the outcome of the present writ
petition and as such, the successful bidders will not be necessary to
be made party respondent in the present proceeding.
I have heard the submission advanced by the learned counsel
appearing for the parties and also perused the aforesaid judgment
rendered by the Hon'ble Supreme Court. In my considered view, in
the event of allowing the present writ petition, the aforesaid 2 work
orders will automatically stand cancelled in view of the earlier order
passed by this Court and in such an event, the successful 2 bidders
will be greatly affected. Accordingly, it will be in the interest of justice
to implead the said 2(two) successful bidders as party respondents
in the present proceeding so as to enable them to defend their case.
Accordingly, Registry is directed to implead - (i) Chandam
Arunkumar Singh, Special Contractor MOBEDS, Thangmeiband
Lourung Purel Leikai, Imphal West District; and (ii) Laishram
Lalitkumar Meetei, Special Class Contractor, MOBEDS,
LUwangsangbam Matai Mamang Leikai, Imphal East District as
respondent Nos. 7 & 8 in the present writ petition.
Issue notice.
Petitioner is directed to take steps for service of notice upon the
newly impleaded respondent Nos. 7 & 8 by way of dasti service.
Steps should be taken within 1(one) week and petitioners are to
file an affidavit showing proof of service of such notice.
List these cases again on 12.11.2024 for final disposal.
JUDGE
Indrajeet
