Page No.# 1/6 GAHC010034592023 2025:GAU-AS:5165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/960/2023 M/S SURESH KUMAR RAI AND ANR. A PROPRIETORSHIP FIRM, STATION ROAD, JAHAJGHAT, P.O.-TEZPUR, DIST-SONITPUR, ASSAM-784001 2: SURESH RAI S/O LATE DESAI RAI THE SOLE PROPRIETOR OF M/S SURESH KUMAR RAI STATION ROAD JAHAJGHAT TEZPUR DIST-SONITPUR ASSAM-78400 VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI, PIN-110001 2:GOC-IN-C HQ EASTERN COMMAND PIN 908542 C/O 99 APO 3:MG ASC HQ EASTERN COMMAND PIN 908542 C/O 99 APO 4:GOVERNMENT EMARKET PLACE 5 JEEVAN TARA BUILDING SANSAD MARG NEW DELHI CENTRAL DELHI Page No.# 2/6 DELHAI-110001 5:GOC HQ 4 CORPS C/O 99 APO 6:BRIG RAJNEESH GAUR BRIG ASC HQ 4 CORPS (ST) PIN-908504 C/O 99 APO 7:COL KANWAR JITENDRA SINGH COL ST HQ 4 CORPS (ST) PIN-908505 C/O 99 AP Advocate for the Petitioner : MR. S K SINGH, MR B PUSHILAL Advocate for the Respondent : DY.S.G.I., MRS P HAZARIKA (R-4),MR. B CHAKRABORTY (R- 4),MR. K K PARASAR Linked Case : I.A.(Civil)/622/2023 M/S SURESH KUMAR RAI AND ANR. A PROPRIETORSHIP FIRM STATION ROAD JAHAJGHAT P.O.-TEZPUR DIST-SONITPUR ASSAM-784001 2: SURESH RAI S/O LATE DESAI RAI THE SOLE PROPRIETOR OF M/S SURESH KUMAR RAI STATION ROAD JAHAJGHAT TEZPUR DIST-SONITPUR ASSAM-784001 VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA Page No.# 3/6 MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI PIN-110001 2:GOC-IN-C HQ EASTERN COMMAND PIN 908542 C/O 99 APO 3:MG ASC HQ EASTERN COMMAND PIN 908542 C/O 99 APO 4:GOVERNMENT EMARKET PLACE 5 JEEVAN TARA BUILDING SANSAD MARG NEW DELHI CENTRAL DELHI DELHAI-110001 5:GOC HQ 4 CORPS C/O 99 APO 6:BRIG RAJNEESH GAUR BRIG ASC HQ 4 CORPS (ST) PIN-908504 C/O 99 APO 7:COL KANWAR JITENDRA SINGH COL ST HQ 4 CORPS (ST) PIN-908505 C/O 99 APO ------------ Advocate for : MR. S K SINGH Advocate for : MR. K K PARASAR appearing for THE UNION OF INDIA AND 6 ORS. Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 28.04.2025 Heard Mr. S. K. Singh, learned Senior Counsel assisted by Mr. B. Pushilal, learned counsel appearing for the petitioners. Also heard Mr. S. S. Roy, learned CGC appearing for the respondent no. 1, 2, 3, 5, 6 & 7 and Mr. B. Chakraborty, learned counsel appearing for the respondent no. 4. 2. The challenge made in the present writ petition is to an order dated 05.02.2023, issued by the respondent no. 4, suspending the account of the petitioners in GeM portal. 3. This Court, vide order dated 22.02.2023, noticing that the order dated 05.02.2023 was so issued without prior notice to the petitioners herein, was pleased to direct the respondent authorities not to delete the name of the petitioners till the returnable date. 4. As the matter was pending before this Court, the respondent nos. 6 & 7, proceeded to issue an order dated 24.02.2023, debarring the petitioners herein, from any works that may arise in the Corps zone. Being aggrieved, the petitioner has assailed the said order by way of instituting an Interlocutory Application being IA(C) No. 622/2023 in WP(C) No. 960/2023. 5. This Court, in IA(C) No. 622/2023 had vide order dated 31.03.2023, recorded an observation that the order dated 24.02.2023, passed by the respondent authorities was not in consonance with the order dated 22.02.2023, passed by the Court in WP(C) 960/2023 and the same appears to be in violation of the directions as contained therein. The respondent authorities, thereafter, filed an affidavit in Page No.# 5/6 the said interlocutory application and therein, brought on record a communication dated 21.04.2023, by which the debarment letter dated 24.02.2023 was recalled and cancelled. 6. The learned counsel for the respondent no. 4 has submitted that in pursuance to the directions passed by this Court, vide the order dated 22.02.2023, the name of the petitioner has been continued in the GeM Portal and accordingly, no further orders would called to be so issued in the present writ petition. 7. The said position has not been disputed by Mr. S. K. Singh, learned Senior Counsel appearing for the writ petitioners. 8. The challenge made by the writ petitioners in the interlocutory application being IA(C) No. 622/2023 being to a debarment letter dated 24.02.2023 and the respondents by way of filing an affidavit in the matter, having brought on record a communication dated 21.04.2023, by which the said debarment letter dated 24.02.2023 has been recalled and cancelled, this Court is of the considered view that no further adjudication is called to be made with regard to the issue raised in IA(C) No. 622/2023. 9. 9. In view of the above discussion, both the writ petition being WP(C) No. 960/2023 and the Interlocutory Application being IA(C) No. 622/2023 stands closed as having become infructuous. 10. It is provided that liberty is reserved to the petitioners herein, to take such appropriate steps as may be called for in accordance with law, in the event any further grievance in the matter so arises. 11. With the above observations and directions, the writ petition being WP(C) No. 960/2023 and the Interlocutory Application being IA(C) No. 622/2023 stands disposed of. Page No.# 6/6 12. The interim orders passed earlier, stands vacated. JUDGE Comparing Assistant