Page No.# 1/3 GAHC010055652025 2025:GAU-AS:8109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1561/2025 MD JIYAUR PASA S/O- LATE SALIM PASA, NALBARI TOWN, WARD NO-8, P.O, P.S AND DIST-NALBARI, ASSAM, PIN- 781335 VERSUS THE STATE OF ASSAM REP BY THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM, PUBLIC WORKS DEPTT (ROADS), GUWAHATI-06, ASSAM 2:THE CHIEF ENGINEER PUBLIC WORKS DEPT GUWAHATI-03 ASSAM 3:THE SUPERINTENDING ENGINEER PWRD NALBARI ROAD CIRCLE NALBARI PIN-781335 ASSAM 4:THE EXECUTIVE ENGINEER PWRD NALBARI DISTRICT TERRITORIAL ROAD DIVISION NALBARI PIN-781335 ASSAM 5:SRI UDAY BAISHYA P.O- MOROWA Page No.# 2/3 DIST-NALBARI ASSAM PIN-78134 Advocate for the Petitioner : MD S HOQUE, Advocate for the Respondent : SC, P W D, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 18-06-2025 Heard Mr. S Hoque, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Standing Counsel, Public Works (Roads) Department. 2. The petitioner’s grievance is that there was no justification for awarding the contract to the respondent No. 5, when all the three tenderers had submitted the same bid amount, i.e., Rs.9 crores each. 3. Mr. B Gogoi, learned counsel for the PWRD has submitted a letter dated 16.06.2025 issued by the Chief Engineer P.W.R.D., Assam, which is to the effect that the Tender Committee had a detailed evaluation and deliberation before recommending the respondent No. 5 for the contract work. The Tender Committee had made the recommendation in favour of the respondent No. 5 on account of the respondent No.5’ bid capacity, satisfactory track record in similar projects, absence of litigation history, timely completion record and demonstrated readiness to mobilize resources for prompt execution. 4. Mr. S Hoque, learned counsel for the petitioner submits that he may be allowed to withdraw the writ petition with liberty to challenge the letter dated Page No.# 3/3 16.06.2025 issued by the Chief Engineer P.W.R.D., Assam and the decision of the Tender Committee. 5. The prayer of the petitioner’s counsel is allowed. 6. The writ petition is dismissed as withdrawn, with liberty as prayed for, if so advised. 7. The letter dated 16.06.2025 issued by the Chief Engineer P.W.R.D., Assam is made a part of the record and marked as Annexure-X. JUDGE Comparing Assistant