Page No.# 1/2 GAHC010122392025 2025:GAU-AS:8106 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3173/2025 GANESH KALITA S/O- PHANINDRA NATH KALITA. VILL.- KANIMARA. P.O.- BHALUKI. P.S.- PATACHAR KUCHI, DIST.- BAJALI, ASSAM. PIN-781371. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR,GUWAHATI-6, ASSAM 2:THE CHIEF ENGINEER MINOR IRRIGATION ASSAM CHANDMARIGUWAHATI-3 Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM,MS. M R DEVI Advocate for the Respondent : SC, IRRIGATION, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 18.06.2025 Heard Mr. A. Roshid, learned counsel for the petitioner and Ms. D. S. Neog, learned counsel for the respondent. 2. The petitioner’s case is that he has not been issued any work order, despite he being declared L1, in terms of the NIT dated 27.03.2025. Page No.# 2/2 3. On the other hand, Ms. D. S. Neog has submitted a Financial Evaluation -cum- Minutes of the Tender Committee meeting held on 22.05.2025, wherein it has been shown that the petitioner’s bid document had been rejected, as his quoted amount is less than permitted 10% below the estimated amount. 4. The Financial Evaluation -cum- Minutes of the Tender Committee meeting held on 22.05.2025 is made a part of the record and marked as Annexure-X. 5. The relevant portion of the Annexure-X, pertaining to the case of the petitioner, is reproduced herein below:- “Package no.4 (Tihu):- In this package out of 13 (Thirteen) technically qualified bidders, the bidder viz. Sri Ganesh Kalita, who stands as L1 quoted total amount of Rs. 2,12,37.776.60 which is 10.000001695092% below the Package tender value and thus violated the clause No. 28 (IV) of Bid document, hence rejected. The bidders Sailendra Kalita, Parag Talukdar. Ashok Kr. Das, Manabendra Das, M/s Kamakhya Enterprise, Dhrubajyoti Sarma, Apurba Baruah and Bhaskar Barman stand as L2, who have quoted the amount of Rs 2,12,37,776.67 (each) which is 10.000001398451% below the package tender value and also thus violated the clause No.28(IV) of Bid document, hence rejected. The other bidders viz. Manoj Kr Dutta, Prasanta Sunrise JV, J.N. Associates and Khemsa Traders & Developers, who have quoted the amount of Rs. 2,12,37,777.00 (each) that is 10% below the package tender value which is found acceptable, hence recommended for award of contract by complying with the provisions of bid document.” 6. In view of Annexure-X, which shows the petitioner’s bid to be below 10% of the estimated value of the contract, which is not permitted as per the NIT dated 27.03.2025, the writ petition is accordingly dismissed. JUDGE Comparing Assistant