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2026 DAILYLAW 4831 (GAU)

M/S EMPIRE INFRA PROJECTS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/201/2026 · 2026-04-23

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010289112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/201/2026 M/S 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. AND P.S. HATIGAON, GUWAHATI- 38, DIST.- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SLP. COMMISSIONER AND SPL. 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) PW (H AND E) DEPARTMENT CHANDMARI GUWAHATI- 3 4:THE EXECUTIVE ENGINEER TB- IV (H AND E) O/O- CHIEF ENGINEER PWD (H AND E) ASSAM CHANDMARI GUWAHATI- 3 Page No.# 2/4 5:THE EXECUTIVE ENGINEER PWD SILCHAR UDHARBOND SONAI AND DHOLAI (SC) TERRITORIAL BUILDING DIVISION SILCHAR CACHAR PIN- 78800 For the Petitioner(s) : Mr. B. J. Ghosh, Advocate For the Respondent(s) : Mr. B. Gogoi, Addl. AG, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.04.2026 Heard Mr. B. J. Ghosh, the learned counsel appearing on behalf of the Petitioner and Mr. B. Gogoi, learned Additional Advocate General, Assam who is also the Standing counsel of the PWD appearing on behalf of the Respondent Nos. 1 to 5. 2. Mr. B. J. Ghosh, the learned counsel appearing on behalf of the Petitioner submits that the Petitioner may be permitted to withdraw the instant writ petition. The learned counsel for the Petitioner further submits that the withdrawal of the instant writ petition should not affect the Petitioner’s right to participate in respect to the detailed Notice Inviting Tender dated 18.12.2025 issued by the Chief Engineer, PWD, H&E, Assam for the balance work for construction of Model Secondary School in Tea Garden Page No.# 3/4 Areas of Assam under RIDF-XXVIII at Arkatipur Tea Estate in the District of Cachar. 3. This Court enquired with the learned Additional Advocate General, Assam as to whether the last date for submission of the bid is over or not. The learned Additional Advocate General submitted that the last date of submission of the bid was 29.12.2025 which was further extended till 03.01.2026. 4. This Court further takes note of that the instant writ petition was filed on 23.12.2025 but on account of the winter recess, the matter was listed before this Court on 09.01.2026. Further to that, it is also seen that vide an order dated 09.01.2026, this Court directed that no further action be taken in pursuance to the impugned Tender Notice dated 18.12.2025. 5. Taking into account that the Petitioner wishes to withdraw the instant writ petition more particularly to the challenge to the Detailed Notice Inviting Tender dated 18.12.2025, this Court closes the instant writ petition on withdrawal. 6. This Court further observes and directs the Respondent Authorities to extend the period for submission of the bid by issuance of a corrigendum thereby extending the period for submission of the bid till 08.05.2026. 7. The Petitioner would be at liberty to submit its bid in Page No.# 4/4 pursuance to the said Detailed Notice Inviting Tender dated 18.12.2025, if so advised. 8. Interim order passed on 09.01.2026 stands vacated. JUDGE Comparing Assistant