Page No.# 1/4 GAHC010252692025 2025:GAU- AS:15420-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3688/2025 MS EMPIRE INFRA PROJECTS REPRESENTED BY ITS PROPRIETOR YOUSUF AMANULLA CHOUDHURY, AGED ABOUT 39 YEARS. S/O- A.Y. MD. MEHBUB CHOUDHURY, ADDRESS NEHARS RESIDENCY, 5TH FLOOR, HATIGAON CHARIALI, P.O P.S. HATIGAON, GUWAHATI-38, KAMRUP M, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE SPECIAL COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 2:THE CHIEF ENGINEER PWD HEALTH AND EDUCATION CHANDMARI GUWAHATI-3 3:THE SUPERINTENDING ENGINEER (H AND E) PWD H E DEPARTMENT CHANDMARI GUWAHATI-3. 4:THE EXECUTIVE ENGINEER TB-IV H E O/O- CHIEF ENGINEER PWD H E ASSAM CHANDMARI GUWAHATI- 3. 5:THE EXECUTIVE ENGINEER Page No.# 2/4 PWD SILCHAR UDHARBOND SONAI AND DHOLAI SC TERRITORIAL BUILDING DIVISION SILCHAR CACHAR PIN-78800 Advocate for the Petitioner : MR. B J GHOSH, MR. I ALAM,MR. T SK Advocate for the Respondent : SC, P W D, Linked Case : WA/365/2025 MS EMPIRE INFRA PROJECTS REPRESENTED BY ITS PROPRIETOR YOUSUF AMANULLA CHOUDHURY ADDRESS NEHARS RESIDENCY 5TH FLOOR HATIGAON CHARIALI PO AND PS HATIGAON GUWAHATI 38 DIST KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SPECIAL COMMISSIONER AND SECRETARY GOVT OF ASSAM PUBLIC WORKS DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI 6 2:THE CHIEF ENGINEER PWD HEALTH AND EDUCATION CHANDMARI GUWAHATI 3 3:THE SUPERINTENDING ENGINEER H AND E PWD H AND E DEPARTMENT CHANDMARI GUWAHATI 3 Page No.# 3/4 4:THE EXECUTIVE ENGINEER TB IV H AND E O/O CHIEF ENGINEER PWD H AND E ASSAM CHANDMARI GUWAHATI 3 5:THE EXECUTIVE ENGINEER PWD SILCHAR UDHARBOND SONAI AND DHOLAI (SC) TERRITORIAL BUILDING DIVISION SILCHAR CACHAR PIN 788001 ------------ Advocate for : MR. B J GHOSH Advocate for : SC PWD appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 14/11/2025 (Michael Zothankhuma, J) Heard Mr. B. J. Ghosh, learned counsel for the applicant. Mr. D. Nath, learned Senior Government Advocate, appears for the respondents. The prayer of the applicant is for a direction to be issued to the respondent nos. 2 & 5, to issue necessary Site Visit Certificate to the applicant in terms of the SBD Sl. No. 7 of Clause 7.1 of the ITB for submission of retender for balance work for the construction of Model Secondary School in Tea Garden Areas of Assam under RIDF- XXVIII of Arkatipur T.E. District Cachar, in pursuant to the Tender Notice dated 07/10/2025. Page No.# 4/4 The learned counsel for the applicant submits that this Court, vide order dated 07/11/2025 passed in WA 365/2025, had permitted the applicant to participate in the retender, for which the applicant requires a Site Visit Certificate. Despite the applicant visiting the site, the respondent nos. 2 & 5, for reasons unknown to the applicant, has not issued/provided the applicant with a Site Visit Certificate. The applicant’s counsel submits that the last date for submission of the bid is 17/11/2025 and as such, a direction should be given to the respondents concerned for issuance of the Site Visit Certificate. Mr. D. Nath, learned Senior Government Advocate, Assam, appearing for the respondents submits that that Site Visit Certificate will be issued to the applicant, so long as the applicant had visited the site, in terms of the requirement for issuance of the Site Visit Certificate. On considering the submissions made by the learned counsels for the parties and keeping in view the fact that the applicant has been given the liberty to participate in the retender in terms of the order dated 07/11/2025 passed in WA 365/2025, we direct the respondent nos. 2 & 5 to issue the Site Visit Certificate to the applicant within 2 (two) days from today, if the applicant had visited the concerned site. The IA stands disposed of. JUDGE JUDGE Comparing Assistant