Page No.# 1/11 GAHC040002312025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/42/2025 M/s Ragia Ku Enterprises Age: 0 Occupation : Address:represented by its proprietor Shri Langkung Ragia Son of Langkung Ragia R/o ESS Sector Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh.791110 VERSUS The State of AP and 32 Ors Age: 0 Occupation : Address:represented by the Secretary Govt of Arunachal Pradesh Rural Works Department Civil Secretariat Itanagar. 2:The Chief Executive Officer Age: 0 Occupation : Address:ARRDA RWD Govt of Arunachal Pradesh Itanagar Civil Secretariat Block No.2 Itanagar Arunachal Pradesh. 791111 Page No.# 2/11 3:The Chief Engineer PMGSY Age: 0 Occupation : Address:ARRDA RWD Rural Works Department C Sector Itanagar Arunachal Pradesh. 4:The Superintending Engineer Age: 0 Occupation : Address:RWC ARRDA RWD Rural Works Circle Itanagar Arunachal Pradesh.791111 5:The Executive Engineer/ DPIU Age: 0 Occupation : Address:ARRDA RWD Rural Works Division Laaying Yangte District Kurung Kumey Arunachal Pradesh.791118 6:The Tender Evaluation Committee Age: 0 Occupation : Address:in respect of NIT No. EE/RWD/LY/Tender-VVP/2023-24 issued by the EE/DPIU Laaying Yangte Division Kurung Kumey District) represented by its Chairman O/o the Superintending Engineer Rural Works Circle Itanagar RWD ARRDA Govt of Arunachal Pradesh Itanagar 791111 7:Lakam Tassar Age: 0 Page No.# 3/11 Occupation : Address:Son of Late Lokam Gari former MLA 21 Kurung Kumey Kurung Kumey District Arunachal Pradesh.791118 8:Pani Taram Age: 0 Occupation : Address:Son of Late Pani Kanu MLA 21 Kurung Kumey District Kurung Kumey District Arunachal Pradesh. 791118 9:M/s J J Enterprse Age: 0 Occupation : Address:represented by its proprietor Shri Lokam Sikarr C/o office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department C Sector Itanagar Arunachal Pradesh. 10:M/s Lokam Yasi Carriage and Construction Associates Age: 0 Occupation : Address:represented by its proprietor Lokam Tassar C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department C Sector Itanagar Arunachal Pradesh. 11:T G Construction Age: 0 Occupation : Address:represented by its proprietor Shri Techi Govind C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department Page No.# 4/11 C Sector Itanagar Arunachal Pradesh. 12:T G Construction and LYCCA (JV) Age: 0 Occupation : Address:represented by Techi Govind C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department C Sector Itanagar Arunachal Pradesh. 13:M/s Capital Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Lokam Tassar C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department C Sector Itanagar Arunachal Pradesh. 14:M/s T D Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Raktum Duchok C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department Division 4 Itanagar Arunachal Pradesh. 15:M/s J J Enterprse Age: 0 Occupation : Address:represented by its proprietor Shri Toi Ronya C/o office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Page No.# 5/11 Rural Works Department Dokum Colony Itanagar Arunachal Pradesh. 16:M/s Goodwill Suppliers and Co Age: 0 Occupation : Address:represented by its proprietor Shri Nguri Rajen C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department G Sector Itanagar Arunachal Pradesh. 17:M/s Kenge Construction and Co Age: 0 Occupation : Address:represented by its proprietor Shri Ha Tatu C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department ESS Sector Itanagar Arunachal Pradesh. 18:M/s M D Enterprises Age: 0 Occupation : Address:represented by its proprietor Shri Takam Dado Tallom C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department Nyokum Lapang Itanagar Arunachal Pradesh. 19:M/s Puna Hinda Age: 0 Occupation : Address:represented by its proprietor Shri Puna Hinda C/o Time Library Akash Deep Market Hija Page No.# 6/11 Ziro Arunachal Pradesh. 20:M/s NT Agency Age: 0 Occupation : Address:represented by its proprietor Shri Nabam Tadap C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department B Sector Naharlagun Arunachal Pradesh. 21:M/s BA Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Bamang Raman C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department C Sector Itanagar Arunachal Pradesh. 22:M/s Kakum Enterprise Age: 0 Occupation : Address:represented by its proprietor Smti Bengia Yanang C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department E Sector Itanagar Arunachal Pradesh. 23:M/s Marcy Engineering Age: 0 Occupation : Address:represented by its proprietor Shri Neelam Son C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department D Sector Page No.# 7/11 Nirjuli Arunachal Pradesh. 24:M/s Lokam Anu Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Lokam Loring C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department C Sector Itanagar Arunachal Pradesh. 25:M/s Tayo Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Tayo Tallom Rending C/o Office of the Chief Engineer (PMGSY) ARRDA RWD Itanagar Rural Works Department C Sector Itanagar Arunachal Pradesh. 26:M/s Zee Engineering and Construciton Age: 0 Occupation : Address:represented by its proprietor Smti Likha Nap Wife of Shri Nilli Likha Kamin B Sector Naharlagun PO and PS Naharlagun Arunachal Pradesh 791110 27:M/s B B Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Bengia Bado Son of Bengia Takia IG Park Itanagar PO and PS Itanagar Arunachal Pradesh 791111 28:M/s Buru Enterprise Page No.# 8/11 Age: 0 Occupation : Address:Yara Tabang Complex ESS Sector Itanagar Papum Pare District Arunachal Pradesh 791111 29:M/s B T Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Bamang Tachung Village Rowa PO and PS Sangram Kurung Kumey District Arunachal Pradesh. 30:M/s Vivek Enterprise Age: 0 Occupation : Address:represented by its proprietor Shri Taha Tagru Son of Tagru Tari G Sector PO and PS Itanagar Papum Pare District Arunachal Pradesh 791111 31:M/s Peno Enterprise Age: 0 Occupation : Address:C Sector Itanagar Papum Pare District Arunachal Pradesh 791111 32:M/s Sports India Co Company Age: 0 Occupation : Address:represented by its proprietor Shri Sama Dodum Son of Late Taje Dodum Gohpur Tinali PO RK Mission PS Itanagar Papum Pare District Arunachal Pradesh 791111 33:M/s Tuner Engineering Age: 0 Page No.# 9/11 Occupation : Address:E Sector Itanagar Papum Pare District Arunachal Pradesh 791111 ------------ Advocate for : Parswajyoti Das Nair Advocate for : Gimi Tarak appearing for The State of AP and 32 Ors: Advocate , BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 24-02-2025 Heard Mr. P. D. Nair, learned counsel for the petitioner. Also heard Mr. G. Tarak, learned Standing Counsel for the Rural Works Department appearing for respondents No.1 to 6 as well as Mr. G. Bam, learned counsel for the respondents No.7, 8 and 9 and Mr. K. Saxena, learned counsel for the respondents No.13 and 17. 2. An e-Procurement Press Notice dated 14.03.2024 was issued by the respondent No.5 inviting item rate bids, in electronic tendering system, for construction of roads under Vibrant Village Programme including their maintenance for five years in the Kurung Kumey District. The total numbers of such roads were 26. The petitioner participated in 7(seven) packages. It is the grievance of the petitioner that when the matter was under evaluation, there were substantial delay in the evaluation and it was not even done within the bid validity period. According to the petitioner, at that point of time on 18.11.2024, some news were published in a news portal alleging that present and Ex-MLAs are recommending the names of bidders so as to collect money that they have spent in the last election. Page No.# 10/11 With the aforesaid backdrop, the present writ petition is filed questioning the validity and sanctity of the tender process. 3. It is important to record herein that on 19.12.2024, the petitioner also filed a representation before the authorities raising the similar grievances. In the meantime, the Tender Evaluation Committee evaluated the tender on different dates i.e. on 11.11.2024, 19.12.2024, 06.01.2025, 07.01.2025, 09.01.2025 and 11.01.2025. The facts also remains that the petitioner participated in the tender process against 7(seven) packages and the petitioners was declared to be qualified in the evaluation process in respect of 2(two) packages. The fact also remains that in the meantime, the petitioner preferred 3 writ petitions assailing his disqualification of its technical bids which were registered as WP(C) 34(AP)/2025, WP(C) 36(AP)/2025 and WP(C) 37(AP)/2025. And it is submitted at the bar that in the meantime aforesaid writ petitions had been disposed of directing the authorities to consider their representation. It is also submitted that the said representations were disposed of by negating the claim of the petitioner. However, those decisions are not yet under challenged. 4. This Court has perused the pleadings and the materials available on record. In the considered opinion of this Court, it will not be permissible in the exercise of its power of judicial review to interfere with the tender process until and unless substantial materials are produced to satisfy this Court that the entire tender process is tainted at the behest of the Ex and present MLA. In the case in hand, except news from the news portal, nothing is discernible. Page No.# 11/11 5. In view of the aforesaid, this Court finds no merit in the present writ petition. Accordingly, the same stands dismissed. JUDGE Comparing Assistant