Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010230462025
2025:GAU-AS:13890
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5941/2025 MD SEHNOWAZ AMIN S/O-IMDAD ALI VILLAGE- CHAMATA PO-PASCHIM CHAMATA, DIST- NALBARI, ASSAM- 781306. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-06 2:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT BASISTHA GUWAHATI ASSAM-781029 3:THE EXECUTIVE ENGINEER NALBARI WATER RESOURCE DIVISION NALBARI ASSAM- 78133
Advocate for the petitioner(s): Mr. S Hoque
Advocate for the respondent(s): Mr. RM Das Standing Counsel, Water Resource Deptt. Page No.# 2/3 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 16.10.2025
Heard Mr. S Hoque, the learned counsel appearing on behalf of the petitioner. Mr. RM Das, the learned counsel who appears on behalf of the respondent Nos.1, 2 and 3. 2. The petitioner herein is aggrieved by the non-issuance of the Site Visit Certificate, for which, the petitioner could not submit his bid and, as such, has filed the present writ petition. It is relevant to take note of that the respondent authorities had issued a Notice for Invitation of Bids for various contract works including “the Construction of new embankment on both banks of River Pohumara and Anglisiga along with protection work at different reaches”. One of the conditions stipulated in the said Notice Inviting Tender at Clause 7 is pertaining to site visit. The said clause being relevant is reproduced hereinunder:
“7.I. The bidder, at the Bidder’s own responsibility and risk have to visit and examine the site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for construction of the works. The costs of visiting the site shall be at the bidder’s own expense.”
3. From a perusal of the above clause, it reveals that the bidder at his own
Page No.# 3/3 responsibility and risk has to visit and examine the site of works and its surroundings and obtain all information that may be necessary for preparing the bid and entering into a contract for construction of the works. The costs of visiting the site shall be at the bidder's own expense. 4.
In addition to that, it is also relevant to mention that in terms with Clause 4.I.k, there is a requirement of submission of a site visit verification report issued by the Executive Engineer along with the Technical Bid. In the instant case, though the Notice Inviting Tender was issued as on 26.08.2025 and it was published on 16.09.2025, the petitioner did not take steps for visiting the site and instead requested for a Site Visit Certificate vide the communication dated
04.10.2025. Under such circumstances, the petitioner was not issued the Site Visit Certificate. 5. It is further relevant to take note of that the petitioner also did not submit his bid. Consequently, this Court does not find any good grounds for entertaining the instant writ petition, for which, the writ petition stands dismissed. JUDGE Comparing Assistant