Page No.# 1/5 GAHC010213682025 2025:GAU-AS:13812 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5731/2025 MD. JIYAUR PASA S/O- LATE SALIM PASA, NALBARI TOWN, WARD NO-8, P.S AND P.O- NALBARI, DIST- NALBARI, ASSAM- 781335. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS (ROADS) DEPARTMENT, DISPUR, GUWAHATI-06 2:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI ASSAM- 781003. 3:THE EXECUTIVE ENGINEER PWD (ROADS) BAKSA DIVISION MUSHALPAUR BAKSA ASSAM- 781372. 4:M/S ANUPAM NIRMAN PVT LTD REPRESENTED BY ITS MANAGING DIRECTOR ANUPAM SARMAH R/O- BHASKAR NAGAR BYELANE NO. 2 ZOO-NARENGI ROAD BEHIND B.S PUBLICATIONS GUWAHATI Page No.# 2/5 ASSAM-781021 5:M/S ANIL DAS CONSTRUCTION PRIVATE LIMITED REPRESENTED BY DIRECTOR ANIL DAS R/O- BARNIL TOWER PALASHBARI ROAD MIRZA KAMRUP ASSAM-78112 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) :Mr. S Hoque Advocates for the respondent(s) : Mr. B Gogoi, Addl. AG, Assam Date of hearing & judgment :15.10.2025 JUDGMENT & ORDER(ORAL) Heard Mr. S Hoque, the learned counsel appearing on behalf of the petitioner. Mr. B Gogoi, the learned Additional Advocate General, Assam appears on behalf of respondent Nos.1, 2 and 3. 2. The present writ petition has been filed challenging the cancellation notice dated 06.08.2025 whereby Detailed Notice Inviting Tender (for short, the NIT) bearing No.CE/DEV/TB/06/2025-26/03 Page No.# 3/5 dated 15.05.2025 was cancelled due to technical reasons. 3. It is relevant to take note of that the impugned cancellation notice is a result of an earlier litigation instituted by the petitioner registered and numbered as WP(C)No.4563/2025. It is pertinent to observe that the petitioner had participated in pursuance to the NIT dated 15.05.2025 and the petitioner was held to be technically not responsive on the ground that the petitioner did not have experience pertaining to Cement Treated Sub Base (CTSB) work. Being aggrieved, the said writ petition was filed by the petitioner herein. 4. Subsequent to the filing of the said writ petition, this Court had passed an interim order on being prima facie satisfied that the requirement of fulfilling the eligibility criteria of having CTSB work was inserted subsequent to the original NIT, thereby changing the goal post. The respondent authorities subsequent thereto had issued the impugned cancellation notice dated 06.08.2025 on the ground that the eligibility qualification pertaining to CTSB work was necessary for the purpose of carrying out the construction work envisaged in the NIT dated 15.05.2025. Accordingly, in view of the impugned cancellation notice dated 06.08.2025, the writ petition, therefore, was closed vide the order dated 22.08.2025. Page No.# 4/5 5. Pursuant thereto, the petitioner herein has challenged the impugned cancellation notice on the ground that prior to the cancellation notice being issued, the petitioner should have been given an opportunity of hearing. 6. This Court had heard the learned counsels appearing on behalf of the parties at length on this issue. 7. There is nothing brought on record, in spite of opportunity being granted to the petitioner on the earlier occasion as to why the eligibility condition, which the respondents now wants to insert i.e. the experience in CTSB work is not required for the purpose of carrying out the work in question, inasmuch as, in order to insert the said condition, the earlier NIT was withdrawn. This Court also takes note of that the respondent authorities are the author of the document and they are the best person to know what eligibility conditions are required to be incorporated. Nothing has been shown, as already stated, that the proposed eligibility condition has no relation to the construction work. 8. Under such circumstances, this Court is of the opinion that the question of challenging the impugned cancellation notice does not have legs to stand. Accordingly, this Court does not find the instant Page No.# 5/5 case to be a fit case for issuance of notice, for which, the writ petition stands dismissed. JUDGE Comparing Assistant