Sangha Tanang vs. The State Of Ap

WP(C)/251/2020HC GauhatiGSTCNR GAHC04000641202023 September 2020Bench: HONBLE MR. JUSTICE NANI TAGIA4 pages

AI SummaryDismissed

Facts

The petitioner, Sangha Tanang, a resident of Parsi-Parlo, Kurung Kumey District, Arunachal Pradesh, and in-charge of the Panchayat Interim Committee of that area, filed a writ petition challenging the Standard Operating Procedure (SoP) for procurement of materials under NREGA dated 10.04.2020 and a Notice Inviting Tender (NIT) dated 14.07.2020. The NIT, issued by the Joint Director(RE), Department of Rural Development, Government of Arunachal Pradesh, invited bids for supply and procurement of materials for MGNREGA works in Kra Daadi District, amounting to Rs. 1,18,12,674/-. The NIT stipulated that only registered contractors/suppliers/vendors domiciled within the territorial jurisdiction of the Assembly Constituency of the concerned District were eligible, as per the Arunachal Pradesh District Based Entrepreneurs and Professionals (Incentives, Development & Promotional) Act, 2015.

Held

The Court held that the writ petition was not maintainable concerning the Notice Inviting Tender (NIT) dated 14.07.2020. The reasoning was that the petitioner, residing in Kurung Kumey District and not being domiciled within the territorial jurisdiction of the Assembly Constituency of Kra Daadi District, lacked the locus standi to challenge an NIT specifically pertaining to the Kra Daadi District. The Court found that the NIT was issued in terms of the Arunachal Pradesh District Based Entrepreneurs and Professionals (Incentives, Development & Promotional) Act, 2015, which prescribed domicile within the Assembly Constituency as an eligibility criterion. Therefore, the NIT was liable to be dismissed on the grounds of maintainability. However, in the interest of justice, the petitioner was granted liberty to challenge the Standard Operating Procedure (SoP) dated 10.04.2020 by preferring an appropriate application/petition in an appropriate forum, if advised. The earlier status quo order was vacated.

Key Issues

1. Whether the Notice Inviting Tender (NIT) dated 14.07.2020, issued by the Joint Director(RE), Department of Rural Development, Government of Arunachal Pradesh, is maintainable in the writ jurisdiction of this Court, considering the petitioner's domicile and the territorial jurisdiction of the NIT. The petitioner contended that the NIT was issued in terms of the impugned SoP dated 10.04.2020, which itself is contrary to the procedures enumerated in the 'Annual Master Circular 2019-20' issued by the Ministry of Rural Development under the Mahatma Gandhi National Rural Employment Guarantee Act, 2015. The petitioner argued that the NIT, by restricting eligibility to those domiciled within the specific Assembly Constituency of Kra Daadi District, was exclusionary. The respondents argued that the petitioner, not being domiciled within the territorial jurisdiction of the Assembly Constituency of Kra Daadi District, lacked the locus standi to challenge the NIT pertaining to that district.

Sections Cited

Section 7.1.7, Mahatma Gandhi National Rural Employment Guarantee Act, 2015, Arunachal Pradesh District Based Entrepreneurs and Professionals (Incentives, Development & Promotional) Act, 2015

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

Page No.# 1/4 GAHC040006412020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 251/2020 1: SANGHA TANANG S/O SANGHA TASUK, PERMANENT RESIDENT OF PARSI PARLO, PO/PS KOLORIANG, KURUNG KUMEY DISTT, ARUNACHAL RPADESH Mob.: 8729848836 VERSUS 1:THE STATE OF ARUNACHAL RPADESH REPRESENTED THROUGH THE CHIEF SECRETARY, GOVT OF ARUNACHAL RPADESH 2:THE SECRETARY, RURAL DEVELOPMENT, GOVT OF ARUNACHAL RPADESH ITANAGAR 3:THE DIRECTOR, RURAL DEVELOPMENT, GOVT OF ARUNACHAL RPADESH ITANAGAR 4:THE DEPUTY COMMISSIONER-CUM-DISTRICT PROGRAMME COORDINATOR KURUNG KUMEY DISTT ARUNACHAL RPADESH 5:THE PROJECT DIRECTOR-CUM-ADPC DRDA KOLORIANG KURUNG KUMEY DISTT ARUNACHAL RPADESH 6:THE BLOCK DEVELOPMENT OFFICER KURUNG KUMEY DISTT ARUNACHAL RPADESH Advocate for the Petitioner : M Nibo Advocate for the Respondent : D Soki, Addl. Sr. GA T Bayor, SC(RD) Page No.# 2/4 BEFORE HONBLE MR. JUSTICE NANI TAGIA

ORDER Date : 24-09-2020

Heard Mr. M. Nibo, learned counsel for the petitioner. Also heard Mr. D. Soki, learned Addl. Senior Government Advocate, and Mr. T. Bayor, learned standing counsel, Department of Rural Development, Government of Arunachal Pradesh, appearing on behalf of their respective respondents.

The petitioner, stated to be a resident of Parsi-Parlo, P.O. & P.S. – Koloriang, in the District of Kurung Kumey, Arunachal Pradesh, and also the overall in-charge of the Panchayat Interim Committee, Parsi-Parlo area, in the District of Kurung Kumey, Arunachal Pradesh; has filed this writ petition under Article 226 of the Constitution of India, assailing the Standard Operating Procedure(SoP) for procurement of materials under the NREGA, dated 10.04.2020, issued by the Secretary, Department of Rural Development, Government of Arunachal Pradesh, Itanagar, vide File No. CD(MGNREGA)208/19-20, and the Notice Inviting Tender(NIT)/Invitation of Bids(IFB), dated 14.07.2020, issued by the Joint Director(RE), Department of Rural Development, Government of Arunachal Pradesh, Itanagar, vide Memo. No. DRDA/KD/MGNREGA/NIT-02/2020-21, inviting item rate tender from all registered and eligible contractors and vendors/firms having valid trading license with GST registration for supply and procurement of materials pertaining to MGNREGA works – 2020-21 under Kra Daadi District, Arunachal Pradesh, amounting to Rs. 1,18,12,674/- in CPWD Form-8 in two bids system from all registered contractors/suppliers/vendors in Class-III categories domiciled within the territorial juri iction of the Assembly Constituency as per the Arunachal Pradesh District Based Entrepreneurs and Professionals (Incentives, Development & Promotional) Act, 2015. The petitioner contends that the Notice Inviting Tender(NIT)/Invitation of Bids(IFB), dated 14.07.2020, issued by the Joint Director(RE), Department of Rural Development, Government of Arunachal Pradesh, Itanagar, referred to hereinabove, have been issued in terms of the Standard Operating Procedure(SoP), dated 10.04.2020, issued by the Secretary, Department of Rural Development, Government of Arunachal Pradesh, Itanagar.\

Page No.# 3/4 According to the petitioner, the Standard Operating Procedure(SoP), dated 10.04.2020, issued by the Secretary, Department of Rural Development, Government of Arunachal Pradesh, Itanagar, is contrary to the procedures enumerated in ‘7.1.7: Procurement of Materials under Mahatma Gandhi NREGA’ of ‘Chapter 6: Right to Plan and Prepare a Shelf of Projects’ of the ‘Annual Master Circular 2019-20’ issued by the Ministry of Rural Development under the Mahatma Gandhi National Rural Employment Guarantee Act, 2015. The impugned Notice Inviting Tender(NIT)/Invitation of Bids(IFB), dated 14.07.2020, issued by the Joint Director(RE), Department of Rural Development, Government of Arunachal Pradesh, Itanagar, apart from it, pertains to the district of Kra Daadi, is issued in terms of the Arunachal Pradesh District Based Entrepreneurs and Professionals (Incentives, Development & Promotional) Act, 2015, whereunder, the residents or the registered contractors/suppliers/vendors/firms in Class-III categories domiciled within the territorial juri iction of the Assembly Constituency of the District concerned, are eligible to participate in the tender process.

As is noticed above, the petitioner is a resident of Parsi-Parlo, Kurung Kumey District, and overall in-charge of the Panchayat Interim Committee of Parsi-Parlo area in the District of Kurung Kumey, Arunachal Pradesh. The writ petitioner, herein, therefore, neither, being a domicile within the territorial juri iction of the District concerned, nor, domiciled within the territorial juri iction of the Assembly Constituency of the District concerned; have no locus standi to challenge the impugned Notice Inviting Tender(NIT)/Invitation of Bids(IFB), dated 14.07.2020, issued by the Joint Director(RE), Department of Rural Development, Government of Arunachal Pradesh, Itanagar, which pertains to the territorial juri iction of the Assembly Constituency falling under the Kra Daadi District.

Considering the matter in its entirety, the Court is of the considered view that this writ petition is, prima-facie, not maintainable insofar as the impugned Notice Inviting Tender(NIT)/Invitation of Bids(IFB), dated 14.07.2020, issued by the Joint Director(RE), Department of Rural Development, Government of Arunachal Pradesh, Itanagar, vide Memo. No. DRDA/KD/MGNREGA/ NIT-02/2020-21, is concerned and the same is liable to be dismissed.

In view of the above, this writ petition stands dismissed as not maintainable.

Page No.# 4/4 However, in the interest of justice, liberty is hereby granted to the petitioner to challenge the Standard Operating Procedure(SoP) for procurement of materials under the NREGA, dated 10.04.2020, issued by the Secretary, Department of Rural Development, Government of Arunachal Pradesh, Itanagar, vide File No. CD(MGNREGA)208/19-20, by preferring an appropriate application/petition in an appropriate forum, if so advised.

Status quo order passed by this Court earlier, stands vacated.

JUDGE

Comparing Assistant

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