EMA EBEMA LANGOL LAIREMBI CONSTRUCTION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Dr. R.K Deepak, learned counsel appearing for the petitioner and Mr. A. Vashum, learned GA appearing for the respondents.

(2.) The present ten writ petitions had been filed with the prayer, inter alia, for quashing and setting aside the impugned orders dtd. 26/4/2022, which cancelled the work orders dtd. 12/6/2020 issued in favor of the petitioner, as well as for quashing and setting aside the fresh NITs dtd. 11/5/2022 and also for directing the respondents to allow the petitioner to commence the contract work by re-scheduling the date of commencement of the work. As the facts and issues involved in the ten writ petitions are the same, all the writ petitions were heard jointly and being disposed of by this common judgment and order.

(3.) The petitioner is a registered special class contractor in the department of Tribal Affairs and Hills, Government of Manipur. The case of the petitioner is that with a view to enhance infrastructure development in the hills district of Manipur, the State Cabinet took a decision in its meeting held on 12/10/2019 to adopt restricted tender for the contract work of infrastructure development of 3 (three) Eklavya Model Residential School (EMRS) at Moreh, Tamenglong and Gamnom, Saper-maina. Pursuant to the said Cabinet decision, the Under Secretary (Tribal Affairs and Hills), Government of Manipur sent a proposal to the Director, Tribal Affairs and Hills, Govt. of Manipur to adopt restricted tender in respect of the contract works for infrastructure development for the said three EMRS where estimated cost of each work is less than 1.5 crore, vide letter dtd. 25/10/2019. After obtaining the approval of the Government, the Executive Engineer, Tribal Affairs and Hills, Government of Manipur issued three separate notices bearing numbers 2, 3 and 4, all dtd. 10/2/2020 inviting restricted sealed tender from intending approved and eligible registered contractors of the department for execution of the works mentioned in the said NITs.