Surya Construction, Represented By Jyoti Prasad Medhi v. State of Assam
2025-09-25
DEVASHIS BARUAH
body2025
DigiLaw.ai
JUDGMENT : DEVASHIS BARUAH, J. 1. Heard Mr. A.Y. Choudhury, the learned counsel appearing on behalf of the petitioner and Mr. B. Gogoi, the learned Additional Advocate General, Assam who appears on behalf of all the respondents. 2. The petitioner herein is aggrieved by the non-issuance of the Site Visit Certificate in terms with Clause 7.0 of the Information and Guide- Lines for Bidders which forms a part of the Notice Inviting E-Tender dated 19.08.2025. 3. It is the case of the petitioner herein that, pursuant to the Notice Inviting E-Tender dated 19.08.2025, the petitioner visited the site in terms with Clause 7.0 of the Information and Guide-Lines for Bidders and submitted a communication dated 18.09.2025 to the Superintending Engineer, PWD i.e. the respondent No. 3 herein. Along with the said communication, the petitioner also enclosed the Geotagged photographs so taken. The petitioner’s grievance is that despite the said communication, the respondent No. 3 has not issued the Site Visit Certificate and it is under such circumstances, the petitioner has approached this Court. 4. This Court enquired with Mr. B. Gogoi, the learned Additional Advocate General, Assam who appears on behalf of all the respondents, as to why, the Site Visit Certificate has not been issued by the respondent No. 3. 5. Mr. B. Gogoi, the learned Additional Advocate General, Assam submitted that the petitioner has approached this Court based on an apprehension that the Site Visit Certificate would not be issued. He further submitted that the petitioner can very well request the respondent No. 3 for issuance of the said Site Visit Certificate and the same would be duly issued. 6. Per Contra, Mr. A.Y. Choudhury, the learned counsel appearing on behalf of the petitioner submitted that the last date for submission of the bid is on 03.10.2025. He further submitted that in the circumstance, if the Site Visit Certificate is not issued, the petitioner would be unable to participate in the tender process. He further submitted that today and tomorrow are the last working days of this Court. Thereupon, this Court would remain in recess on account of the ensuing Puja vacation. In addition to that, the learned counsel for the petitioner also submitted that in the circumstance, the respondent No. 3 does not issue the Site Visit Certificate, the petitioner would be deprived of participation in the said tender process. 7.
Thereupon, this Court would remain in recess on account of the ensuing Puja vacation. In addition to that, the learned counsel for the petitioner also submitted that in the circumstance, the respondent No. 3 does not issue the Site Visit Certificate, the petitioner would be deprived of participation in the said tender process. 7. This Court has duly heard the learned counsels appearing on behalf of the parties and has also duly perused the Information and Guide-Lines for the Bidders. It is the opinion of this Court that in terms with Clause 7.0 of the Information and Guide-Lines for the Bidders, the bidders are required to acknowledge that they have examined the work site and its surroundings and obtain all necessary information for preparation of the bid and entering into the contract for construction of the work. Under such circumstances, this Court does not find any reasons on the part of the respondent No. 3 not to issue the Site Visit Certificate. 8. This Court has also perused the communication dated 18.09.2025 enclosed as Annexure-2 to the writ petition along with the enclosed Goetagged photographs. It is however uncertain, as to whether, the petitioner had visited the site in question inasmuch it does not appear from the said photographs that any of the partners of the petitioner firm had visited the site in question. 9. Mr. A.Y. Choudhury, the learned counsel appearing on behalf of the petitioner submitted that the petitioner herein is not adverse to submit photographic evidence of the site visit conducted by one of its partners before the respondent No. 3. He further submitted that the same would be submitted by tomorrow i.e. 26.09.2025 before the respondent No. 3. 10. It is the opinion of this Court that submission of photographic evidence showing the presence of one of the partners of the petitioner’s firm at the site in question along with Geotagged location would suffice for the respondent No. 3 to issue the Site Visit Certificate. 11. Considering the above, this Court, therefore, disposes of the instant writ petition with the following observations and directions: (i) The petitioner herein is given the liberty to visit the site, for which, the petitioner intends to submit its bid and thereupon submit photographic evidence of one of its partner's visit to the site along with Geotagged location to the respondent No. 3. Mr.
Mr. A.Y. Choudhury, the learned counsel for the petitioner submitted that the same shall be done by tomorrow i.e. 26.09.2025. (ii) This Court directs that upon submission of the photographic evidence of one of the partners of the petitioner’s firm with Geotagged location of the site in question, the respondent No. 3 who is the Superintending Engineer, PWD shall issue the Site Visit Certificate to the petitioner forthwith. This Court further directs that the respondent No. 3 shall not insist that the photograph must have been taken in presence of PWD Officials. (iii) This Court further observes that after submission of the Geotagged photographs and taking into account the request made by the petitioner to the respondent No. 3 vide the communication dated 18.09.2025, the petitioner would be estopped from taking any plea at a later stage that the site in question was not conducive for carrying out the work in question. 12. Before parting with the record, this Court, however, makes it clear that this Court has not decided anything as regards the eligibility of the petitioner pertaining to the Notice Inviting E-Tender dated 19.08.2025 13. A copy of the instant judgment be furnished to Mr. B. Gogoi, the learned Additional Advocate General, Assam who shall duly intimate the respondent No. 3 about the present directions.