Page No.# 1/4 GAHC010229612016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7004/2016 M/S. PRASANTA MAHANTA and 2 ORS. A PARTNERSHIP FIRM REP. BY ONE OF ITS PARTNERS SRI PRASANTA MAHANTA, VILL. AZARA, P.O. and P.S. AZARA, DIST. KAMRUP M, ASSAM, PIN-781017. 2: PRASANT MAHANTA S/O. LT. PHATIK CHANDRA MAHANTA VILL. AZARA P.O. and P.S. AZARA DIST. KAMRUP M ASSAM PIN-781017. 3: SMT. MALLIKA MAHANTA W/O. SRI PRASANTA MAHANTA VILL. AZARA P.O. and P.S. AZARA DIST. KAMRUP M ASSAM PIN-781017 VERSUS THE UNION OF INDIA and 3 ORS REP. BY THE DEFENCE SECY., MINISTRY OF DEFENCE, 101-A, SOUTH BLOCK, NEW DELHI-110001. 2:THE GARRISON ENGINEER AIR FORCE OFFICE OF THE GARRISON ENGINEER AF BORJHAR GHY.-781015. Page No.# 2/4 3:THE ASSTT. GARRISON ENGINEER CONTRACT OFFICE OF THE GARRISON ENGINEER AF BORJHAR GHY.-781015. 4:THE BID EVALUATION COMMITTEE REP. BY ITS CHAIRPERSON OFFICE OF THE GARRISON ENGINEER BORJHAR GHY.-781015 Advocate for the Petitioner : MR. D K DAS, MR. P MAHANTA,MR. R B GOHAIN Advocate for the Respondent : MR. K K PARASAR (R-1 TO 4), ASSTT. S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 19.02.2026 Heard Shri A. Goswami, learned counsel appearing on behalf of Shri P. Mahanta, learned counsel for the petitioners. Also heard Shri K.K. Parashar, learned CGC for all the respondents. 2. The instant writ petition was instituted in the year 2016 with the following prayer: “26. That this petition is made bona fide and for the ends of justice. In the premises aforesaid, it is therefore respectfully prayed that Your Lordships may be pleased to admit this petition, call for the records and issue a Rule calling upon the respondents to show cause as to why, a) a writ in the nature of certiorari shall not issue to set aside/quash the impugned corrigendum published on 08.11.2016 which forms part of the Tender Summary Reports (Annexure-G) b) a writ in the nature of certiorari shall not issue setting aside the amendment Page No.# 3/4 to the NIT published on 25.07.2016 more particularly Sl. No. 2 thereof (Annexure H) c) a writ in the nature of Mandamus shall not issue directing the Respondent authorities and to award the contract in question to the petitioner firm in view of it being the lowest tenderer, and Upon cause/causes that may be shown, after hearing the parties and upon perusal of the records be pleased to make the Rule absolute and/or to pass any other appropriate order or direction as to Your Lordships may deem fit and proper in the facts and circumstances so as to give full and complete relief to the petitioners. -AND- Pending disposal of the Rule Your Lordships may be pleased to stay/suspend the operation of the corrigendum published on 08.11.2016 which forms part of the Tender Summary Reports (Annexure-G) thereby staying the the re- tendering process and/or to pass such further or other order(s) as Your Lordships may deem fit and proper in order to grant adequate interim protection. And for this act of kindness the petitioners as in duty bound shall ever pray.” 3. As per the facts projected, the petitioner firm which is a registered contractor under the Military Engineering Services had applied against a Notice Inviting Tender for Maintenance to Street /Security Light and Allied Works at Camp Area and 19 Wing AF under GE (AF) Borjhar which was in the year 2016. It is the case of the petitioners that his bid was illegally rejected and immediately thereafter, a fresh tender was initiated. 4. This Court vide order dated 21.11.2016 had passed an interim order that in respect of the re-tender, no bids were to be accepted. Subsequent orders have been passed not to take further steps in the re-tender notice dated 08.11.2016. Though it appears that the interim order was not continued for some time, vide an order dated 21.02.2017, it was clarified that the interim order shall continue until further orders. 5. The work in question was for Maintenance of Street Light etc which was Page No.# 4/4 initiated in the year 2016. Almost 10 years have elapsed. 6. This Court is of the view that the work in question is directly connected with public interest which is for providing street / security lights in the camp area. In that view of the matter, while the earlier process including the re-tender are interfered with, the respondents would be at liberty to initiate a fresh tender process, if so advised in which the petitioner, if interested would be given a fair opportunity to participate. 7. The writ petition accordingly stands disposed of. 8. Interim order passed earlier stands vacated. JUDGE Comparing Assistant