Page No.# 1/4 GAHC040015872025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/443/2025 M/s Nirmang Associates represented by its proprietor Shri Pema Chowang, resident of Gyangkhar Village, PO Lemberdung, Tawang District, Arunachal Pradesh. VERSUS The State of AP and 4 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, 1st Floor, Block-I, Civil Secretariat, Itanagar, Arunachal Pradesh 791111 2:The Secretary Age: 0 Occupation : Water Resources Department Govt of Arunachal Pradesh Itanagar 791111 3:The Secretary Age: 0 Occupation : Public Works Department Govt of Arunachal Pradesh Itanagar 791111 4:The Deputy Commissioner Age: 0 Occupation : Tawang District Zhitro Tse Tawang Arunachal Pradesh 790104 5:The Executive Engineer Age: 0 Occupation : Page No.# 2/4 Water Resources Department Tawang Division Tawang District Arunachal Pradesh 79010 Advocate for the Petitioner : Jambey Tsering Kee, Techi Topu Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 15.06.2026 Heard Mr. J. Tsering Kee, learned counsel for the petitioner, who submits that the petitioner being aggrieved with the Letter dated 18.08.2025 issued by the Deputy Commissioner, Tawang District (Annexure-7), is before this Court. The learned counsel for the petitioner submits that tender was floated for construction of 35 seated Hostel Building for working women in Tawang District for an estimated cost of Rs.649.96 Lakhs dated Nil. The petitioner on 24.07.2025 submitted a request for cancellation and re-publication of the NIT since there were certain discrepancies with regard to date, insufficient submission period, offline publication contrary to norms etc. Accordingly, the NIT was cancelled for re-tendering. However, a report was submitted before the Officer-in-Charge, Tawang Police Station by the Executive Engineer, Water Resource Division, Tawang stating that although bid was cancelled due to technical error but the bidding documents both technical and financial bid including Earnest Money Deposit were found to be missing. Following the Page No.# 3/4 complaint, a Show-Cause notice was issued by the Deputy Commissioner, Tawang District to the petitioner on 28.07.2025 alleging that representative of petitioner’s firm have engaged in unruly behaviour, and physical intimidation and therefore, the petitioner was required to Show- Cause within 5(five) days from the date of issuance of the notice as to why petitioner’s firm should not be blacklisted and debarred from participating in future government tenders in the districts. 2. Although the petitioner submitted a reply on 31.07.2025, denying the allegation, the Deputy Commissioner on 18.08.2025, wrote to the Executive Engineer, Water Resource Division, Tawang to debar the petitioner, and another firm from participating in the re-tendering process. Aggrieved, the petitioner is before this court. 3. The learned counsel for the petitioner submits that the Deputy Commissioner has no jurisdiction to issue such kind of instruction for debarring the petitioner from participating in the tender process and therefore, the impugned action of the Deputy Commissioner should be interfered with by this Court and petitioner be allowed to participate in the tender process. 4. Heard Mr. R. H. Nabam, learned Additional Advocate General for all the respondents. 5. I have considered the submissions of both the parties. 6. It is submitted that the petitioner has already participated in the re- tendering process and the result is yet to be declared. As this Court vide order dated 15.09.2025 had directed that the result shall not be declared Page No.# 4/4 without the leave of this Court, the respondent No.5 i.e. the Executive Engineer, Water Resources Department, Tawang Division is unable to declare the result. Thereby, considering the entire aspect of the matter, the respondent No.5 is allowed to declare the result of the tender process. 7. I have also considered the submission that the conditions may be imposed that the petitioner shall not create any law and order problem during the declaration of the results. Considering the submission, it is directed that the result may be declared by the respondent No.5 under the condition that the petitioner shall not create any law and order problem during declaration of the results. 8. Accordingly, the Letter vide No.TPA-03/2025-26 dated 18.08.2025 passed by the Deputy Commissioner, Tawang District, is hereby set aside. 9. The writ petition is disposed of. JUDGE Comparing Assistant