Gauhati High Court

WP(C)/6362/2025 of MS TANOR ENGINEERING AND ANR Vs THE UNION OF INDIA AND 6 ORS on 10 June 2026

Cites 0, Cited by 0

GAHC010248682025 2026:GAU-AS:8354 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6362/2025 MS TANOR ENGINEERING AND ANR A SOLE PROPRIETORSHIP CONCERN, REPRESENTED BY ITS SOLE PROPRIETORSRI DILINGTATAK- THE PETITIONER NO.2, HAVING ITS OFFICE

GAHC010248682025

2026:GAU-AS:8354

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6362/2025

MS TANOR ENGINEERING AND ANR

A SOLE PROPRIETORSHIP CONCERN, REPRESENTED BY ITS SOLE

PROPRIETORSRI DILINGTATAK- THE PETITIONER NO.2, HAVING ITS

OFFICE AT P-SECTOR, ITANAGAR, P.O. P.S. ITANAGAR, DISTRICT - PAPUMPARE 791111, ARUNACHAL PRADESH

2: MR DILING TATAK

SON OF SRI TAGOM TATAK

RESIDENT OF P-SECTOR

P.O. P.S. ITANAGAR

DISTRICT -PAPUMPARE-791111

ARUNACHAL PRADES

VERSUS

THE UNION OF INDIA AND 6 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY

OF DEFENCE, 101-A, SOUTH BLOCK, NEW DELHI

2:THE BORDER ROAD ORGANISATION

REPRESENTED BY DIRECTOR GENERAL DG

MINISTRY OF DEFENCE

SEEMA SADAK BHAWAN

RING ROAD

NARAINA

DELHI CANT

NEW DELHI-110010.

3:THE DIRECTOR GENERAL OF BORDER ROADS

HQ DGBR/E CELL

SEEMA SADAK BHAWAN

RING ROAD

DELHI CANT

NEW DELHI

PIN 110010.

4:THE CHIEF ENGINEER

BRO

PROJECT ARUNANK

HQ CE P

ARUNANK

C/O 99 APO

5:THE SE (QS AND C)

DIRECTOR CONTRACT FOR DGBR

SEEMA SADAK BHAWAN

RING ROAD

DELHI CANT

NEW DELHI

PIN-110010.

6:THE SE (CIVIL)

DIRECTOR CONTRACTS

HEAD QUARTER

CHIEF ENGINEER

PROJECT ARUNANK

C/O 99 APO

PIN 931719

7:THE AUTHORITYS ENGINEER

HQ 23 BRTF

C/O 99 APO

PIN 930023

For the Petitioner(s) : Mr. K.J. Saikia, Advocate For the Respondent(s) : Mr. H. Gupta, CGC

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

Date : 11.06.2026

Heard Mr. K.J. Saikia, the learned counsel appearing on behalf of the petitioners. Mr. H. Gupta, the learned CGC appears on behalf of respondent Nos. 1 to 7.

2. The petitioners in the present writ petition have assailed the order dated 31.07.2025 as well as the order dated 15.10.2025 whereby the petitioner No. 1 was placed in the negative list, that too, without following the mandate of the principles of natural justice and, more particularly, the proviso to Clause 23.1(vi) of the Bid Document which categorically stipulates that not only there should be a notice giving 15 days to the person against whom action are contemplated to put in the negative list, but also there is a requirement of passing an order.

3. Mr. H. Gupta, the learned CGC submitted that the instant writ petition has become infructuous inasmuch as the impugned orders were passed on the basis of quarterly reviews.

4. Pursuant to the order dated 15.10.2025 and the subsequent quarterly review, the petitioner No. 1 is no longer in the negative list. In that regard, the learned CGC referred to the communication dated 15.04.2026 and the enclosure thereto relating to the enlisted and un-enlisted contractors. In the said enclosure, the petitioner No. 1’s name appears at Serial No. 15 and in the column “Whether Considered Capable of Handling More Load”, it is mentioned as “Yes”. In addition to that, in the

“Remarks/Reasons” column, it is mentioned as “Work under progress”.

5. Mr. H. Gupta, the learned CGC further referred to another communication dated 11.05.2026 wherein in the Work Load Return for quarter ending March, 2026, the petitioner No. 1 has been shown at Serial No. 156. In the column indicating “Whether considered capable of handling more load as approved by DGBR”, it is mentioned as “Yes”. In addition to that, there is no remark put against the petitioner No. 1. The communications placed before this Court are kept on record and marked with the letter “X” and “Y”.

6. In view of the above, as the petitioner No. 1 is no longer in the negative list, nothing further remains for adjudication in the present writ petition. Accordingly, the writ petition stands closed.

JUDGE Comparing Assistant

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead