Page No.# 1/6 GAHC010071372026 2026:GAU-AS:7074 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2048/2026 MS KAMRUP ENTERPRISE A PROPRIETORSHIP FIRM, HAVING ITS REGD OFFICE AT SHANTI GRAM HOUSING COMPLEX, TRIPURA ROAD, KHANAPARA, GUWAHATI-22, ASSAM, REP BY ITS PROP. MADHAB CHANDRA DEKA, AGE 46 YRS, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., JANATA BHAWAN, DISPUR, ASSAM PIN- 781006 2:THE CHIEF ENGINEER MINOR IRRIGATION DEPTT. CHANDMARI ASSAM GUWAHATI 781003 3:THE EXECUTIVE ENGINEER BISWANATH BEHALI DIVISION (1) BISWANATH CHARIALI ASSAM B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. DP Borah Page No.# 2/6 Advocates for the respondent(s) : Mr. N Upadhyay Standing Counsel, Irrigation Date on which Judgment is reserved: N/A Date of Pronouncement of Judgment : 21.05.2026 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER(ORAL) Heard Mr. DP Borah, the learned counsel appearing on behalf of the petitioner. Also heard Mr. N Upadhyay, the learned Standing Counsel for the Irrigation Department, Govt. of Assam. 2. The petitioner herein had approached this Court being aggrieved by the action on the part of the Executive Engineer in not providing the Site Verification Certificate which the petitioner applied on 01.04.2026, and resultantly the petitioner could not submit the bid. 3. The brief facts which led to the filing of the present writ petition is that a Notice Inviting Tender (for short, the NIT) was issued on 13.03.2026 by the Chief Engineer, Minor Irrigation, Assam, for “Remodelling & Improvement of Behali FIS under SOPD-G for the year 2025-26” under Biswanath Behali Division (I) Biswanath Chariali. In terms with the said NIT, the time schedule was clearly mentioned. Page No.# 3/6 The bid submission start date was on 20.03.2026 and the bid submission end date was on 04.04.2026. 4. In terms with Clause 6 of the said NIT, there was a requirement of submission of a Site Visit Certificate by the bidder. Clause 6 of the said notice inviting tender being relevant is reproduced hereinunder: “6. Site visit: Prior to submitting the bids, bidders or authorized representatives are required to visit the project site to obtain all necessary information for the preparation of their bids and the execution of the contract. All costs associated with the site visit shall be borne by the bidders. The bidders must submit a site visit certificate, duly signed by the bidder or authorized representative and verified by the concerned Executive Engineer of the Division.” 5. The petitioner submitted an application on 01.04.2026 to the respondent No.3 for the purpose of issuance of the said Site Visit Certificate. It may not be out of place to mention that the present NIT was a re-tender, inasmuch as in the earlier tender, the petitioner had submitted its bid, and was declared to be L1. But later on, the tender was cancelled and accordingly, the present NIT was issued. 6. The respondent No.3, for reasons best known did not provide the Site Visit Certificate. Resultantly, the petitioner could not participate in the tender process, for which, he has approached this Court by filing the present writ petition. 7. The record reveals that this Court vide an order dated Page No.# 4/6 07.04.2026, issued notice. Subsequent thereto, when the matter was listed before this Court on 29.04.2026, this Court directed the petitioner to file an additional affidavit bringing on record that he had participated in the earlier tender process in respect to the same work and had a Site Visit Certificate. This Court also passed an interim direction that the respondent authorities should not open the technical bids in respect to the tender dated 13.03.2026 till 06.05.2026, which was the next date fixed in the present proceedings. 8. The record reveals that an affidavit has been filed by the respondent No.3. At paragraph No.5, the reasons have been assigned as to why the petitioner has not been issued the Site Visit Certificate. It was admitted that the petitioner approached the Office of the respondent No.3 for the Site Visit Certificate on 01.04.2026. However, during that relevant period, the Executive Engineer i.e., the respondent No.3, the Section Assistant, the Site In-charge, as well as the concerned Assistant Executive Engineer of the respective Sub- Division were engaged in duties relating to the Assam Legislative Assembly Elections, which was scheduled to be held on 09.04.2026. It was under such circumstances, the Site Visit Certificate could not be issued. It was also mentioned that had the petitioner approached earlier, the Site Visit Certificate could have been issued. 9. From the aforesaid statements made in paragraph No.5, it is, Page No.# 5/6 therefore, clear that the petitioner duly applied for the Site Visit Certificate well prior to the last date of submission of the bid, and on account of difficulties on the part of the respondent No. 3 and the Irrigation Department the Site Visit Certificate was not issued. 10. This Court also takes note of that a perusal of Clause 6 makes it mandatory that the Site Visit Certificate has to be submitted along with the bid and this aspect would be apparent from a perusal of Clause 6 as quoted hereinabove. 11. Taking into account the aforesaid facts, it is the opinion of this Court that the respondent No.3 having not issued the Site Visit Certificate to the petitioner, after the petitioner had applied within the period prescribed for the last date of submission of the bid, the petitioner was debarred from submitting the bid by the respondent No.3, as well as other Officials of the Irrigation Department. 12. Under such circumstances, the act on the part of the Irrigation Department to proceed with the tender in question violates the mandate of fairness and reasonableness and the equality Clause enshrined in Article 14 of the Constitution. 13. Accordingly, this Court, therefore, sets aside the entire tender bid process initiated on the basis of the NIT dated 13.03.2026 with liberty Page No.# 6/6 to the respondent authorities to proceed with fresh bidding by issuance of a fresh NIT. The writ petition, therefore, stands disposed of with the following observations and directions: (i). The action on the part of the respondent authorities in not providing the Site Visit Certificate to the petitioner which barred the petitioner to apply in pursuance to the NIT dated 13.03.2026 is in violation to Article 14 of the Constitution. (ii). The tender process so initiated on the basis of the NIT dated 13.03.2026, therefore, stands interfered with. (iii). The respondent authorities shall be at liberty to proceed to carry out the work by inviting a fresh NIT, if so advised. JUDGE Comparing Assistant