Gauhati High Court
IA(C)/198/2026 of M/s M B Enterprises Vs The State of AP and 5 Ors on 27 August 2026
GAHC040014202026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/198/2026 M/s M B Enterprises a proprietorship firm having its registered office at Village Wada Bagang, PO and PS Chayang Tajo, East Kameng District, Arunachal
GAHC040014202026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : IA(C)/198/2026
M/s M B Enterprises
a proprietorship firm having its registered office at Village Wada Bagang, PO and PS
Chayang Tajo, East Kameng District, Arunachal Pradesh 790102, represented by tis proprietor Shri Moik Bagang, Son of Late Nikam Bagang, Village Wada Bagang, PO
and PS Chayang Tajo, East Kameng District, Arunachal Pradesh, through its power of attorney holder Shri Chatung Bagang, Son of Late Doni Bagang, resident of Village Wada Bagang, PO and PS Chayang Tao, East Kameng District, Arunachal Pradesh.
VERSUS
The State of AP and 5 Ors
represented by the Chief Secretary, Itanagar, Govt of Arunachal Pradesh.
2:The Chief Engineer
Age: 0
Occupation :
RWD
Itanagar
Govt of Arunachal Pradesh.
3:The Executive Engineer
Age: 0
Occupation :
RWD
Chayang Tajo Division
East Kameng District
Govt of Arunachal Pradesh.
4:M/s Bharat Enterprises
Age: 0
Occupation :
represented by its proprietor Shri Bharat Bagang
registered office at Sanglo Putung Gohpur PO RK Mission PS Chimpu Papum Pare District Arunachal Pradesh 791113
5:M/s PKB Enterprises
Age: 0
Occupation :
represented by its proprietor Smti Juni Taku Bagang registered office at Hydel Colony ALC Line PO and PS Seppa East Kameng District Arunachal Pradesh 79010
Advocate for the Petitioner : Takar Bagang, Advocate for the Respondent : GA (AP), SC (RWD),Gimi Tarak Linked Case : WP(C)/143/2026
M/s M B Enterprises
Age: 0
Occupation :
Address:a proprietorship firm having its registered office at Village Wada Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh 790102
represented by tis proprietor Shri Moik Bagang Son of Late Nikam Bagang Village Wada Bagang PO and PS Chayang Tajo East Kameng District Arunachal Pradesh through its power of attorney holder Shri Chatung Bagang Son of Late Doni Bagang resident of Vilalge Wada Bagang PO and PS Chayang Tao East Kameng District Arunachal Pradesh.
VERSUS
The State of AP and 2 Ors
Age: 0
Occupation :
Address:represented by the Chief Secretary Itanagar Govt of Arunachal Pradesh.
2:The Chief Engineer
Age: 0
Occupation :
Address:RWD
Itanagar
Govt of Arunachal Pradesh.
3:The Executive Engineer
Age: 0
Occupation :
Address:RWD
Chayang Tajo Division
East Kameng District
Govt of Arunachal Pradesh.
------------
Advocate for : Bedanta Kaushik
Advocate for : Gimi Tarak appearing for The State of AP and 2 Ors: Advocate , , appearing for 2, 3, respectively.
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 28-08-2026
Heard Mr. B. Kaushik, learned counsel for the applicant/writ petitioner. Also heard Ms. K. Wangmo, learned State Counsel for respondent No. 1 and Mr. D. Soki, learned Standing Counsel, RWD, for respondent Nos. 2 & 3.
2. This is an application praying for impleadment of M/s Pungming Enterprises, represented by Shri Apong Yangfo; M/s Bharat Enterprises, represented by Shri Bharat Bagang; and M/s PKB Enterprises, represented by
Smti. Juni Taku Bagang, as respondent Nos. 4, 5 and 6, respectively, in the connected writ petition, being WP(C) No. 143/2026.
3. The applicant has filed the connected writ petition challenging the NIT dated 24.03.2026, inter alia, on the ground that the mandatory minimum bid submission period and other procedural requirements were not complied with and that the tender process suffered from alleged mala fides and violation of the principles of natural justice.
4. It is submitted that, during the pendency of the writ petition, it was brought to the notice of this Court that the tender process had already been concluded and the works pursuant to the impugned NIT dated 24.03.2026 had been awarded to the parties sought to be impleaded on 28.03.2026. In view of the said development, this Court, vide order dated 20.05.2026, granted leave to the applicant to file an application for impleadment of the successful bidders. It is further submitted that the rights and liabilities of the said successful bidders are directly and substantially affected by the reliefs sought in the writ petition and that their presence before this Court is necessary for complete and effective adjudication of the lis and to avoid multiplicity of proceedings.
5. Having considered the issue involved in WP(C) No. 143/2026, this Court is of the view that, for proper and complete adjudication of the matter, the successful bidders, whose rights and interests may be directly affected by the outcome of the writ petition, would be necessary parties in the said writ petition.
6. In view of the above and the prayer for impleadment not being objected to by the learned counsel appearing for the respondents, the present interlocutory application is allowed.
7. Accordingly, (a) M/s Pungming Enterprises, represented by its proprietor Shri Apong Yangfo, Registered Office at Bank Tinali, P.O./P.S. Itanagar, Papumpare District, Arunachal Pradesh 791111, may be impleaded as private respondent No. 4; (b) M/s Bharat Enterprises, represented by its proprietor Shri Bharat Bagang, Registered Office at Sanglo Putung Gohpur, P.O. R K Mission, P.S. Chimpu, Papumpare District, Arunachal Pradesh-791113, may be impleaded as private respondent No. 5 and (c) M/s PKB Enterprises, represented by its proprietor Smti. Juni Taku Bagang, Registered Office at Hydel Colony, ALC Line, P.O./P.S. Seppa, East Kameng District, Arunachal Pradesh- 790102, may be impleaded as private respondent No. 6 respectively, in WP(C) No. 143/2026.
8. The interlocutory application stands disposed of.
JUDGE Comparing Assistant