All Manipur Contractors Association Forum and Another v. State of Manipur and 5 others
MC(WP(C))/721/2025 · 2025-10-29
A Guneshwar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2383 (MAN) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2383 (MAN) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Item no. 2 & 3 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P. (C) No. 764 of 2025 with MC(W.P. (C)) No. 721 of 2025
All Manipur Contractors Association Forum and Anr. … Petitioners - Versus –
State of Manipur and 5 Ors. … Respondents
B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER 30.10.2025
[1]
Heard Mr. S. Rupachandra, learned sr. counsel assisted by Md. Shahidur Rahman, learned counsel on behalf of the petitioners; Mr. Lenin Hijam, learned A.G. along with Mr. S. Niranjan, learned GA & Mr. W. Niranjit, learned Dy. GA on behalf of the State respondents and Mr. BR Sharma, learned CGC for the respondent nos. 4, 5 & 6. [2]
The petitioners who are forum of 2(two) registered Contractors Association in Manipur i.e. All Manipur PWD Contractors’ Association and All Tribal Contractors’ Association. The petitioners are aggrieved by clause 4.4 A (b) of the SBD of NITs dated 29.08.2025 and 11.09.2025. Clause 4.4 A (b) of the SBD introduced a new clause of standardization of the work and it is submitted that none of the Contractors’ in Manipur does not satisfy the criteria in clause 4.4 A (b) of the SBD. In this respect, the petitioners submitted a representation dated 15.09.2025 to the Secretary, Ministry of Rural Development, Govt. of India for dropping the said clause 4.4 A (b) of the SBD along with other relief. The Secretary, Ministry of Rural Development, Govt. of India vide letter dated 19.09.2025 written to the Commissioner & Secretary (Rural Development & Panchayati Raj), Govt. of Manipur informing that the representation of the petitioners may be considered and the State Government to take necessary OINAM THOIB A MEITEI Digitally signed by OINAM THOIBA MEITEI Date: 2025.10.31 14:52:58 +05'30'
action to defend the interests of Union of India. Thereafter, the Hon'ble Governor and the Chief Secretary, Govt. of Manipur made representations to the Ministry for consideration of extension of time and the prayer of the present writ petition is reproduced herein below: i). to admit this writ petition and issue a rule nisi. ii). to quash and set aside the Clause 4.4 A (b) of SBD of the NIT dated 29.08..2025 of 41 number of works and dated 11.09.2025 of 55 number of works. iii).
to direct the respondents to dispose of the memorandum and follow the letter dated 19.09.2025 written by respondent No. 4 to respondent No. 1. iv). to pass any appropriate order or directions which the Hon'ble Court may deem fit & proper to meet ends of justice. [3]
When the matter was taken up on 03.10.2025, this Court passed an interim order and the relevant para is reproduced below:
“[10] The following directions and observations are issued for the time being: I. Members of the petitioner Association’s are permitted to submit bids to the NIT dated 29.08.2025 and 11.09.2025. II. The respondent no. 4 i.e. Secretary, Ministry of Rural Development, Govt. of India is directed to dispose of the pending memorandum dated 15.09.2025 submitted by the petitioners and letter dated 22.09.2025 sent by Governor, Govt. of Manipur to Hon’ble Union Minister, Rural Development, Govt. of India and also letter dated 23.09.2025 sent by Chief Secretary, Govt. of Manipur to Secretary, Ministry of Rural Development, Govt. of India within a period of
10(ten) days from the date of receipt of a copy of this order. III. If the memorandum dated 15.09.2025 submitted by the petitioners and request made by the State Govt. are decided favorably by the Ministry, the bids submitted by the petitioners and other be considered in terms of the amended SBD of the NIT. IV. Till the next date, the assessment of the technical bid shall not be finalized.” [4]
During this time, the petitioners have also filed MC(W.P. (C)) No. 721 of 2025 inter-alia praying for passing an interim order of the impugned clause 4.4 A (b) of 2(two) NITs dated 29.08.2025 & 11.09.2025, alternatively the State authority may be directed to drop the works as instructed by the Central Govt. till the disposal of the writ petition. [5]
When the matter is taken up today, Mr. BR Sharma, learned CGC for the respondent nos.
4, 5 & 6 produces a copy of the letter dated 16.10.2025 issued by Under Secretary, Ministry of Rural Development, Govt. of India to the Commissioner & Secretary (RD & PR), Govt. of Manipur informing about disposal of the pending representation submitted by the petitioners as well as the Hon’ble Governor of Manipur and Chief Secretary, Govt. of Manipur and the request has been regretted and the relevant paras are reproduced below:
“4. With regard to the above, I am further directed to state that the PMGSY III works have been extended till 31st March, 2026 with the following conditions: (a). No further extensions shall be given. (b). No fresh sanctions shall be allowed. (c). Works which have not been tendered and works which have not started on the ground shall be dropped. Page 4 of 5
(d). Works which have started on the ground but are not feasible/possible to continue further for any reasons shall be foreclosed. (e). Works which have started on the ground but are not likely to be completed on or before 31.3.2026 shall be foreclosed. (f). Secretary-in-charge of the Department in the states/UTs shall have a monthly review of the scheme to ensure its completion before 31.3.2026. A monthly review, report on the progress of the works vis-a-vis the deadlines committed by the state government for completion of the pending works shall be submitted to the Department of Rural Development Gol by the fifth of every succeeding month. 5. Accordingly, the Ministry is not in a position to consider the above-mentioned communications favourably at this stage. The State Government of Manipur is requested to take necessary action to defend the interests of Union of India in W.P. (C) No. 764 of 2025 with MC (W.P.(C)) No. 721 of 2025 in the High Court of Manipur.” [6]
Mr. Lenin Hijam, learned A.G. submits that in terms of the letter dated 16.10.2025, the cause of the writ petition does not survive. [7]
Mr. S. Rupachandra, learned sr. counsel for the petitioners also submits that in terms of the letter dated 16.10.2025 sent by the Central Govt. to the Govt.
of Manipur, the writ petition may be closed keeping all the issues raised in the present writ petition to be agitated in the appropriate forum and proceedings. [8]
On perusal of the letter dated 16.10.2025, all NITs which are not fully tendered are deem to be dropped. In the circumstances, the main prayer in the writ petition does not survive and also the alternate prayer in MC(W.P. (C)) No. 721 of 2025 has also be considered and the same has been reflected above
at “para no. 4. (c)” of the letter dated 16.10.2025 issued by the Ministry, Govt. of India. [9]
With these observations, the present W.P. (C) No. 764 of 2025 and MC(W.P. (C)) No. 721 of 2025 are closed keeping all the issues raised therein open agitated in the appropriate forum. [10]
Interim orders dated 03.10.2025 and 17.10.2025 stand merged with the final order. JUDGE
Thoiba