Gauhati High Court
WP(C)/142/2026 of M/s F B Enterprises Vs The State of AP and 3 Ors on 8 April 2026
GAHC040004552026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/142/2026 M/s F B Enterprises represented by its proprietor Mr Khya Fangcha, Son of Late Khya Tadung, registered office at C Sector, Itanagar, Papum Pare
GAHC040004552026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C)/142/2026
M/s F B Enterprises
represented by its proprietor Mr Khya Fangcha, Son of Late Khya Tadung, registered office at C Sector, Itanagar, Papum Pare District, Arunachal Pradesh. 791111
VERSUS
The State of AP and 3 Ors
represented by the Secretary, RWD cum Chief Executive Officer, ARRDA, Govt of Arunachal Pradesh, Itanagar. 2:The Chief Engineer Age: 0
Occupation :
RWD
Western Zone
Govt of Arunachal Pradesh
Itanagar.
3:The Superintending Engineer
Age: 0
Occupation :
RWD
Rupa
West Kameng District
Arunachal Pradesh.
4:The Executive Engineer
Age: 0
Occupation :
WRD
Chayang Tajo Division
East Kameng District
Arunachal Pradesh
Advocate for the Petitioner : Pritam Taffo, Eho Menjo,Minter Karbak
Advocate for the Respondent : Gimi Tarak, SC (RWD)
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 09-04-2026 Heard Mr. P. Taffo, learned counsel for the petitioner. Also heard Mr. G. Tarak, learned Standing Counsel, RWD, for the respondents.
2. By filing this writ petition, the petitioner has put to challenge the NIT dated 25.03.2026 for ”Construction of Fortifying the road linking from Krema Pao to Raro Sollung, at Krema Pao issued by the Executive Engineer, RWD, Chayangtajo Division.
3. The petitioner is a registered contractor of Class-III(B&R) under Civil Category. The Executive Engineer, RWD, Chayangtajo Division issued NIT dated 26.03.2026 for construction of fortifying the road linking from Krema Pao to Raro Sollung, at Krema Pao in the District of East Kameng providing last date of submission of bid as on 26.03.2026 and opening of bid on 27.03.2026.
4. It is the contention of the petitioner that as per the CPWD Works Manual, a minimum of 7(seven) days is to be provided for submission of the bid for any tender. Therefore, providing only 1(one) day for submission of bid is in violation of the Clause 4.13 of the CPWD Works Manual, 2019. And as such, prays for setting aside of the impugned tender notice dated
25.03.2026 and a direction may be issued to issue a fresh tender by providing reasonable time so as to enable the petitioner to participate in the tender process.
5. Having, prima facie, found that the respondent authorities had provided only one day for submission of the bid, which is in violation of the requirement of providing a reasonable time in terms of the CPWD Works Manual, 2019, this Court directed Mr. Tarak, learned Standing Counsel for the RWD to obtain instructions.
6. Today, on instruction Mr. Tarak, learned Standing Counsel for the RWD, in its usual fairness, submits that authorities are ready to issue a corrigendum in respect of the impugned tender notice providing reasonable time for all the eligible bidders to participate in the tender process.
7. Having considered the submissions of the learned counsel for the parties and also considering that the respondent authorities are ready to issue a corrigendum with regard to the impugned NIT by providing reasonable time for submission of the bids to the eligible bidders, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to issue a corrigendum providing reasonable time preferably not less than 7(seven) days so as to enable the eligible bidders to participate in the tender process. It is ordered accordingly.
8. Writ petitioner stands disposed of.
JUDGE Comparing Assistant