Gauhati High Court Page No.# 1/8 vs M/S Kumar Roadways on 3 November, 2021 Page No.# 1/8 GAHC010030372021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/73/2021 THE FOOD CORPORATION OF INDIA AND 2 ORS REP. BY THE GENERAL MANAGER, (REGIONAL), REGIONAL OFFICE, JNK BUILDING, APPSC ROAD, E SECTOR, ITANAGAR, ARUNACHAL PRADESH 791111 2: THE ASSISTANT GENERAL MANAGER (CONTRACT) FOOD CORPORATION OF INDIA JNK BUILDING APPSC ROAD ESECTOR ITANAGAR ARUNACHAL PRADESH791111 3: THE CHAIRMAN TECHNICAL EVALUATION COMMITTEE ETENDER NO. RH BHPNBHALUKPUNG/REGULAR/ RTC/041 DATED 30.05.201 VERSUS M/S KUMAR ROADWAYS REP. BY ITS PROPRIETOR KUMARI SHALINI, W/O AVINASH KUMAR MURGI FARM, BICHLI ADDAN, MOHALLABICH BAZAR, PO/PS SOHSARAI, DIST. NALANDA, BIHAR803118 Advocate for the Petitioner : MR B K SINGH Advocate for the Respondent : Page No.# 2/8 Linked Case : WA/100/2021 M/S NIT TRADERS REP. BY ITS PROPRIETOR SHRI DIGANTAJIT BARUAH G.C. ROAD WAKAF BUILDING P.O. TEZPUR DIST. SONITPUR ASSAM PIN 784001. VERSUS M/S KUMAR ROADWAYS AND 3 ORS. A REP. BY ITS PROPRIETOR KUMARI SHALINI W/O AVINASH KUMAR MURGI FARM BICHLI ADDAN MOHALLABICH BAZAR P.O. AND P.S. SOHSARAI DIST. NALANDA BIHAR 803118. 2:THE FOOD CORPORATION OF INDIA REP. BY THE GENERAL MANAGER (REGIONAL) REGIONAL OFFICE JNK BUILDING APPSC ROAD ESECTOR ITANAGAR ARUNACHAL PRADESH 791111. 3:THE ASSISTANT GENERAL MANAGER (CONTRACT) FOOD CORPORATION OF INDIA JNK BUILDING APPSC ROAD ESECTOR ITANAGAR ARUNACHAL PRADESH 791111. 4:THE CHAIRMAN TECHNICAL EVALUATION COMMITTEE ETENDER NO. RH BHPN BHALUKPUNG/REGULAR/RTC/041 DATED 3005 2019. Advocate for : MR. B CHAKRABORTY Advocate for : GA AP appearing for M/S KUMAR ROADWAYS AND 3 ORS. A Page No.# 3/8 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE KAKHETO SEMA ORDER Date : 03112021 Heard Mr. B. K. Singh, learned Standing counsel, Food Corporation of India, appearing for the appellant in WA 73/2021 as well as Mr. B. Chakraborty, learned counsel for the appellants in WA 100/2021. Also heard Mr. K. Gogoi, learned counsel appearing for the private respondent in both the appeals. 2. Both these appeals have been filed by the appellants against a common order dated 11.12.2020 passed by the learned Single Judge, Itanagar Bench of this court in Arunachal Pradesh, in WP(C) 333/2019. 3. The Food Corporation of India (in short, "FCI"), i.e. appellant in WA 73/2021 had floated a notice inviting etender for transportation of food grains in Arunachal Pradesh, which subsequently resulted in a dispute between the FCI and the private respondent before this court and the private respondent approached the learned Single Judge by filing WP(C) 333/2019. 4. On the other hand, the appellant in WA 100/2021 is one of the bidders, whose case is that the private respondent, who was the petitioner in the writ petition, had obtained the impugned order passed by the learned Single Judge by misleading the court, since he did not disclose correct facts before the learned Single Judge and had deliberately not made him a party before the learned Single Judge. 5. The brief facts of the case are as follows: The Regional Office of the FCI Page No.# 4/8 situated at Itanagar, Arunachal Pradesh, had issued a ETender Notice dated 30.05.2019 inviting bids for transportation of food grains, sugar and allied materials from ExRailway Siding, Bhalukpong, to FSD, Bhalukpong via Weighbride via shortest motorable route. The contract was for a period of two years. The appellant in WA 100/2021, namely, M/s NIT Traders and the private respondent/writ petitioner, namely, M/s Kumar Roadways were amongst the four bidders. The bidding process being twobid process, the technical bid of the private respondent was rejected by the FCI on 24.08.2019 as "Technical not qualified". Since the FCI did not show any reason in its order dated 24.08.2019 as to why the private respondent was held to be "Technically not qualified", the private respondent submitted representation to the FCI authorities in this regard. As the said representation was not considered and disposed of by the FCI authorities,