Page No.# 1/3 GAHC010131922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3412/2025 SRI. PASHUPATI DAS AND ANR S/O. LATE LANKESWAR DAS, R/O. MILANPUR, P.O. MILANPUR, P.S. NALBARI, DIST. NALBARI, ASSAM, PIN 781337. 2: SMTI. ANJALI DAS W/O. SRI. DEBEN DAS D/O SRI. BALIRAM DAS R/O. BHAKATPARA ROAD WARD NO. 1 NALBARI TOWN P.O. AND P.S NALBARI ASSAM PIN 781335 VERSUS THE STATE OF ASSAM AND ORS TO BE REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOME, DISPUR, GUWAHATI- 781006. 2:THE INSPECTOR GENERAL OF PRISONS ASSAM KHANAPARA GUWAHATI-22 P.O. KHANAPARA P.S. DISPUR DIST. KAMRUP (M) ASSAM PIN 781022. 3:THE DISTRICT COMMISSIONER NALBARI P.O. AND P.S. NALBARI Page No.# 2/3 DIST. NALBARI ASSAM PIN 781337. 4:THE SUPERINTENDENT OF DISTRICT JAIL NALBARI P.O. AND P.S. NALBARI DIST. NALBARI ASSAM PIN 781337 Advocate for the Petitioner : MR. N J DUTTA, MD S A MONDAL,MR. A DEB,Ms. R. R. BORAH,MR. A A R KARIM Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date: 01.08.2025 Heard Mr. N. J. Dutta, learned counsel appearing for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, representing the State respondents. The petitioner has instituted the present proceeding, being aggrieved by a Clause incorporated in the Notice Inviting Tender (NIT) dated 02.06.2025, issued by the respondent authorities for supply of Dietary/Non-Dietary articles in relation to Zone-5 Jails. The petitioner had raised a grievance to the effect that it being a MSME, it was only required to have an Average Annual Turnover for the last 3 years below Rs. 5,00,00,000/-. However, in the NIT, such average Annual Turnover, required to be possessed by an intending bidder was so stipulated to be Rs. 11,00,00,000/- for last 3(three) years. This Court had vide order dated 19.06.2025, permitted the petitioner to submit his tenders. However, the petitioner was not in a position to submit his tender. Page No.# 3/3 When the matter was taken up for consideration today, Mr. D. Nath, on instructions, has submitted that the tenders received in pursuance to the NIT in question were placed before the Departmental Purchase Committee. The Committee, in its meeting held on 22.07.2025, on perusal of the bids so received, had taken a decision to go for re-tendering. Accordingly, Mr. Nath submits that the grievance raised by the petitioner in the present proceeding, would not require any further adjudication. The petitioner would be at liberty to participate in the fresh NIT process, if he fulfills the requisite criteria therein. In view of the above submissions made by Mr. Nath, learned Government Advocate and not opposed to by Mr. N. J. Dutta, learned counsel for the petitioner, this Court is of the considered view that no live issue arises for consideration in the present proceeding and accordingly, the present writ petition stands closed. However, it is provided that in the event, there is a fresh NIT issued in the matter, the petitioner would be at liberty to participate in the same, provided, he fulfills the criterias as would now be set out therein. Interim order passed earlier, if any, stands vacated. JUDGE Comparing Assistant