M/S Rana Construction And Engineers PVT. LTD. vs. The Union Of INDIA And 3 Ors.
Held
The Court did not decide the merits of the case. The petitioner, on instructions, sought to withdraw the writ petition with liberty to approach the appropriate forum for future grievances. The Court allowed this prayer and dismissed the writ petition as withdrawn. The interim order previously passed on October 16, 2021, was recalled. The Court granted the liberty as prayed for by the petitioner.
Facts
The petitioner, M/s Rana Construction and Engineers Pvt. Ltd., filed a writ petition challenging a Short Notice Inviting Tender (NIT) dated October 2, 2021, issued by the Executive Engineer, PWD, West Guwahati Territorial Road Division. The NIT invited bids for road construction under the Pradhan Mantri Gram Sadak Yojana, with an estimated cost of approximately Rs. 19,55,22,549, including GST and Works Contract Tax. The petitioner's grievance was that the NIT required the deposit of bid security, a requirement not specified in the Central Government notification from the Ministry of Rural Development. The Court had previously directed the respondents to allow the petitioner to participate in the tendering process. However, the petitioner later submitted that due to practical reasons, they could not submit their bid, and the financial bids had already been opened.
Key Issues
1. Whether the requirement to deposit bid security in the Short NIT dated October 2, 2021, is contrary to the Central Government notification from the Ministry of Rural Development, thereby making the NIT illegal? (Question of law) Petitioner's argument: The petitioner contended that the Central Government notification did not specify the deposit of bid security for such e-tenders, and therefore, the respondents' inclusion of this requirement in the Short NIT was erroneous. Revenue/State's argument: The judgment records no specific argument from the respondents regarding this issue. However, the respondents were represented by counsel from the Ministry of Rural Development and the PWD, Assam.
AI-generated summary — verify with the full judgment below
Page No.# 1/3 GAHC010174222021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5575/2021 M/S RANA CONSTRUCTION AND ENGINEERS PVT. LTD. SURAJ COMPLEX, ULUBARI CHARIALI, KAMRUP (METRO), GUWAHATI-781007, ASSAM REP. BY ONE OF ITS DIRECTORS RANA ZAMAN, AGE ABOUT 49, YEARS, SON OF ALHAZ RAHMAN ALI R/O HOUSE NO. 62, RAHMAN MANSION, SOUTH SARANIA, P.O. ULUBARI, DIST. KAMRUP M), ASSAM, GUWAHATI-781007 VERSUS THE UNION OF INDIA AND 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF RURAL DEVELOPMENT NEW DELHI, PIN-110066 2:THE CHAIRMAN NATIONAL RURAL INFRASTRUCTURE DEVELOPMENT AGENCY MINISTRY OF RURAL DEVELOPMENT GOVT. OF INDIA NBCC TOWER 5TH FLOOR BHIKAJI CAMA PLACE RAM KRISHNA PURAM NEW DELHI PIN-110066. 3:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS RODS DEVELOPMENT DISPUR
Page No.# 2/3 GUWAHATI-781006 4:THE EXECUTIVE ENGINEER WEST GUWAHATI TERRITORIAL ROAD DIVISION ASSAM FANCY BAZAR GUWAHATI-78100 Advocate for the Petitioner : MR. R M DEKA Advocate for the Respondent : ASSTT.S.G.I.
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