Bikash Sarma S/O- Gobinda Sarma v. The State of Assam Represented By The Commissioner And Special Secretary To The Government of Assam, Public Works (Rodas) Department
2025-12-10
DEVASHIS BARUAH
body2025
DigiLaw.ai
JUDGMENT : DEVASHIS BARUAH, J. 1.Heard Mr. S Hoque, the learned counsel appearing on behalf of the petitioner and Mr. B. Gogoi, the learned Standing Counsel, Public Works (Roads) Department. 2. The petitioner herein has approached this Court being aggrieved by the inaction on the part of the respondent No. 3 in not issuing the site visit certificate to the petitioner. Be that as it may, the petitioner submitted the bid without the said site visit certificate and this Court, vide an order dated 13.11.2025, observed that the petitioner’s bid in respect to Package No. 2 of the Notice Inviting Tender (NIT) dated 17.10.2025, should not be rejected on the ground of non-furnishing of the site visit certificate. 3. Mr. B. Gogoi, the learned Standing Counsel of PWRD has placed an instruction before this Court that the site visit certificate was issued to the petitioner. The said instruction being relevant, the contents are reproduced herein below:- GOVT OF ASSAM OFFICE OF THE EXECUTIVE ENGINEER, PWRD NALBARI DISTRICT TERRITORIAL ROAD DIVISION, NALBARI _____________________________________________________________ No.3779 Date:08.12.25 To, Budhadeva Gogoi Advocate, Guwahati High Court& Standing Counsel, Public Works Roads Department Sub: Submission of updated information in connection with W P (C) 6457 of 2025 (Bikash Sarma - Versus - The State of Assam & 2 Ors) Ref: Your Letter No SC-DN/PWD/(Roads)/WP(C)/6457/2025/335-336 dated 13.11.2025 Sir, With reference to the above, I have the honour to inform you that the contractor Bikash Sarma submitted a letter No. M.B/25-26/19 dated 29.10.2025 received via e-mail on 05.11.2025 seeking Site Visit Certificate for the work Improvement and Upgradation of Road from Akshara to Sialmari from Ch 0.00 km (Akshara Namghar Tiniali) to Ch 7.605 km (Sialmari) under ASOM Mala 3.0 for the year 2025-26, Package No. ASOM_MALA_3.0_25_26_49 (copy enclosed). After that a letter was issued to the contractor from this office vide Letter No. Tech/NDTRD/verification/1024/2025/3314 dated 06.11.2025 for submitting documentary evidence of site visit and site visit certificate duly filled and signed for issue of Site Visit Certificate (copy enclosed). The contractor then submitted geotagged photographs of site visit on 07.11.2025 (copy enclosed). But as stated by the contractor, the duly filled and signed site visit certificate submitted by the contractor could not be traced as it was loosely submitted by the contractor. Also, the contractor failed to produce any receipt copy of the same on demand.
The contractor then submitted geotagged photographs of site visit on 07.11.2025 (copy enclosed). But as stated by the contractor, the duly filled and signed site visit certificate submitted by the contractor could not be traced as it was loosely submitted by the contractor. Also, the contractor failed to produce any receipt copy of the same on demand. Later on enquiry the misplaced site visit certificate was traced and it was then countersigned by the undersigned & issued to the contractor. Currently the said package is under tender evaluation stage. This is for favour of your kind disposal. Yours faithfully, Executive Engineer, PWRD Nalbari District Territorial Road Division Nalbari Date: 4. As the issuance of the site visit certificate is now being admitted by the respondent authorities, the petitioner shall be deemed to have complied with Clause 7.1 of the Instruction to the Bidders of Part-A to the Instruction to the Bidders, and, therefore, the respondent authorities cannot now reject the technical bid of the petitioner on the ground of non-submission of the site visit certificate. Accordingly, the instant writ petition, therefore, stands disposed of, with the following observations:- i) The site visit certificate having been issued by the respondent No.3 to the petitioner, it shall be deemed that the petitioner has satisfied Clause 7.1 of Part-A of Instruction to the Bidders. ii) The Respondent Authorities shall not reject the technical bid of the petitioner on the ground that the site visit certificate was not submitted. iii) The respondent No.3 is directed to forward a copy of the said site visit certificate to the Tender Evaluation Committee so that the same can be kept on record. iv) If, in the meantime, the technical evaluation period is not over, the Respondent Authorities shall proceed with the technical evaluation taking into account that the petitioner had duly submitted the site visit certificate. v) This Court has not expressed any opinion in respect to the petitioner being technically eligible in respect to other parameters of the Notice Inviting Tender (NIT), except the site visit certificate. 5. The instruction so submitted by Mr. B. Gogoi, learned Standing Counsel, PWRD is kept on record and marked with the letter-‘X’.