Page No.# 1/4 GAHC010230502025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5930/2025 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.# 2/4 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 has approached this Court challenging the action on the part of the respondent authorities, more particularly, the respondent No.3 in not issuing the Site Visit Certificate to the petitioner, for which, the petitioner had to submit his bid without the said Site Visit Certificate. 3. It is relevant to take note of that the respondent authorities had issued a Notice for Invitation of Bids for “Construction of Embankment on R/B of river Mora-Pagladia from Makrapara to Barpit under Nalbari Water Resources Division”. One of the conditions mentioned in the said Notice for Invitation of Bids is that the bidder, at his 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. 4. It is the case of the petitioner that the petitioner visited the site prior to 24.09.2025 and sought for a Site Visit Certificate from the respondent No.3 on 24.09.2025. Subsequent thereto, the petitioner gave a reminder on 06.10.2025. However, the said Site Visit Certificate having not been issued, the petitioner Page No.# 3/4 participated in the Bid process without the said Site Visit Certificate. It is under such circumstances, the petitioner apprehending that his bid could be rejected on account of non-submission of the Site Visit Certificate has approached this Court seeking an appropriate writ, direction and order upon the respondent No.3 to issue the Site Visit Certificate with verification against the work of “Construction of Embankment on R/B of river Mora-Pagladia from Makrapara to Barpit under Nalbari Water Resources Division” under Nalbari Water Resource Division at Serial No. 27 of the NIT dated 26.08.2025. 5. Upon the writ petition being taken up for motion, Mr. RM Das, the learned counsel appearing on behalf of the respondents submitted that on 06.10.2025 itself, the Site Visit Certificate was issued to the petitioner along with two others and the petitioner was also telephonically informed about the said aspect of the matter. In that regard, Mr. Das has placed before this Court the three Site Visit Certificates issued to the petitioner as well as two others which are collectively kept on record and marked with the letter ‘X’. To substantiate that the respondent No.3 had also telephonically informed the petitioner, a call record details had also been placed before this Court which is kept on record and marked with the letter ‘Y’. 6. This Court upon hearing the learned counsels appearing on behalf of the parties had enquired with Mr. RM Das, the learned counsel appearing on behalf of the respondents as to whether the technical bids have been finalized. It has been duly informed that the technical bids had not yet been finalized. 7. Considering that the Site Visit Certificate had been duly issued in favour of the petitioner on 06.10.2025, which is kept on record and marked with the letter ‘X’, it is the opinion of this Court that the respondent authorities are required to take into account the said Site Visit Certificate dated 06.10.2025 issued by the Page No.# 4/4 respondent No.3 in favour of the petitioner, while considering the technical bid of the petitioner. 8. Accordingly the instant writ petition stands disposed of with the following observation(s) and direction(s): (i) The respondent authorities jointly and severely are directed to take into account that the petitioner has been issued a Site Visit Certificate on 06.10.2025 and on the basis of the same, the petitioner’s technical bid be evaluated. (ii). The above directions so passed is only in respect to issuance and consideration of the Site Visit Certificate and this Court had otherwise not mentioned anything about the eligibility of the petitioner in respect to the tender process. (iii). Mr. RM Das, the learned counsel appearing on behalf of the respondents is directed to telephonically instruct the respondents about the instant order so passed and the Court Master of this Court is also directed to provide a copy of this order during the course of the day to Mr. RM Das, the learned counsel for the respondents in the Water Resource Department, Govt. of Assam. JUDGE Comparing Assistant