M/s. S.I. Singh & Co. Enterprises v. The State of Manipur & Ors.

M/s. S.I. Singh & Co. Enterprises, through its Managing Partner, Shri Soraisam S/o S. Tomba Singh of Khurai Sajor Leikai, P.S. Porompat, Imphal East District, Manipur – 795008. Ingo Singh, aged about 55 years, - Versus - …Applicant

1. The State of Manipur, the Commissioner/ Secretary/Principal Secretary, (RD&PR), Government of Manipur. through

2. The Rural Engineering Department (RED), Government of Manipur, through its Chief Engineer, 4th Floor, Secured Office Complex, AT Line, North AOC, Imphal – 795001. WP(C) No. 523 of 2020 & 4 Ors.

3. The Chairman, Tender Committee, Phase-XI (B-II, 2017-18)/ 4RT, Rural Engineering Department (RED), Government of Manipur, through its Chief Engineer, 4th Floor, Secured Office Complex, AT Line, North AOC, Imphal – 795001.

4. The Chairman, Tender Committee, Phase-XI (B-I, 2018-19)/ 4RT, Rural Engineering Department (RED), Government of Manipur, through its Chief Engineer, 4th Floor, Secured Office Complex, AT Line, North AOC, Imphal – 795001. WITH WP(C) No. 749 of 2021 …Respondents V.S. Nganingkhui, aged about 54 years, a Special Class Contractor, resident of Khongbal Tangkhul Village, Sadar Hills, P.O. Pangei Yangdong, B.P.O. Khongbal Tangkhul, Senapati District, Manipur. - Versus - …Petitioner

1. The State of Manipur, represented by the Commissioner/ Secretary/Principal Secretary, (RD&PR), Govt. of Manipur, Old Secretariat Complex, Babupara, Imphal West District, Manipur – 795001.

2. The Chief Engineer, Rural Engineering Department (RED), Manipur State Rural Roads Development Agency (MSRRDA), Government of Manipur, 4th Floor, Secured Office Complex, AT Line, North AOC, Imphal – 795001.

3. M/s. S.I. Singh & Co. Enterprises, through its Managing Partner, Shri Soraisam Ingo Singh, aged about 55 years, S/o S. Tomba Singh of Khurai Sajor Leikai, P.S. Porompat, Imphal East District, Manipur – 795008. WITH WP(C) No. 777 of 2021 …Respondents Md. Kheiruddin, aged about 50 years, S/o (L) Md. Rahimuddin, resident of Lilong Tural Ahanbi, P.O. & P.S. Lilong and District Thoubal, Manipur, Pin – 795130. - Versus - …Petitioner

1. The State of Manipur, through the Principal Secretary/ (RD&PR), Govt. of Manipur, Commissioner/Secretary, Secretariat Building, Babupara, P.O. & P.S. Imphal, Imphal West District, Manipur – 795001. WP(C) No. 523 of 2020 & 4 Ors.

2. The Chief Engineer, RED/MSRRDA, Govt. of Manipur, Secured Office Complex, A.T. Line, North AOC, P.O. & P.S. Imphal, Imphal West District, Manipur – 795001. …Respondents WITH CONT.CAS(C) No. 3 of 2021 M/s. S.I. Singh & Co. Enterprises, through its Managing Partner, Shri Soraisam Ingo Singh, aged about 54 years, S/o S. Tomba Singh of Khurai Sajor Leikai, P.S. Porompat, Imphal East District, Manipur – 795008. - Versus - …Petitioner

1. Smt. Nidhi Kesarwani, I.A.S., Commissioner (RD&PR), Govt. of Manipur, Imphal Secretariat, South Block, P.O. & P.S. Imphal – 795001.

2. Shri Th. Nandakishore Singh, Chief Engineer, Rural Engineering Department/Manipur State Rural Roads Development Agency, 4th Floor, Secured Office Complex, AT Line, North AOC, Imphal – 795001.

3. Shri Kh. Dheinyachandra Singh, Addl. Chief Engineer-I, Rural Engineering Department (RED), Government of Manipur, 4th Floor, Secured Office Complex, AT Line, North AOC, Imphal – 795001. [Vide order passed in MC(CONT.CAS(C)) No. 63 of 2022 dated 10-06-2022 is R-4 impleaded.]

4. Shri Panti Singh Thaimei, Chief Engineer, Rural Engineering Department, Government of Manipur, 4th Floor, Secured Office Complex, AT Line, North AOC, Imphal – 795001. …Respondents B E F O R E HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR For the petitioners : Mr. H.S. Paonam, Sr. Advocate; Ms. Ayangleima, Advocate; Mr. Anjan Prasad Sahu, Advocate For the respondents : Mr. M. Hemchandra, Sr. Advocate; Mr. Niranjan Sanasam, GA Date of order : 04-07-2022 WP(C) No. 523 of 2020 & 4 Ors. O R D E R [1] WP(C) No. 523 of 2020 was filed by M/s. S.I. Singh & Co. Enterprises, a Special Contractor firm, alleging irregularities in the technical evaluation undertaken by the designated Tender Committee in respect of certain packages of work to be awarded in the State of Manipur. It sought a further direction to the authorities to open its financial bids in respect of the said packages of work and award the contracts to it if the same were found to be responsive. By way of interim relief, the petitioner-firm sought an injunction restraining the authorities from taking up the process of retendering in respect of the subject packages of work. By interim order dated 13-10-2020, this Court directed that the retendering process be kept in abeyance. This interim order was extended on 23-12-2020. [2] Alleging willful disobedience to the aforestated interim orders dated 13-10-2020 and 23-12-2020 in WP(C) No. 523 of 2020, the petitioner- firm filed CONT.CAS(C) No. 3 of 2021. Its complaint therein was that the authorities disregarded the direction of this court to keep the retendering process in abeyance and issued letters of acceptance to bidders. [3] It is an admitted fact that the Tender Committee awarded four packages of work on 30-12-2020, 28-12-2020, 30-12-2020 and 31-12-2020 respectively. However, the said work/package orders were kept in abeyance by Notification dated 04-01-2021 issued by the Chief Engineer, Rural Engineering Department (RED), Government of Manipur. Thereafter, by order dated 05-10-2021, the Chief Engineer (RED), Government of Manipur, cancelled the said four work/package orders. Needless to state, the award of the four packages of work in violation of the interim order of this Court in WP(C) No. 523 of 2020 & 4 Ors. WP(C) No. 523 of 2020 cannot be countenanced. In consequence, cancellation of the award of such works cannot be said to be illegal. [4] However, aggrieved by such cancellation, V.S. Nganingkhui, a Special Class Contractor, who was awarded one of the packages of work under Work Order dated 30-12-2020, filed WP(C) No. 749 of 2021 challenging the cancellation order dated 05-10-2021. Similarly, Md. Kheiruddin, another Special Class Contractor, who was awarded one of the packages of work under Work Order dated 28-12-2020, filed WP(C) No. 777 of 2021 assailing the cancellation order dated 05-10-2021. [5] MC(WP(C)) No. 213 of 2021 was filed by the petitioner-firm in WP(C) No. 523 of 2020 seeking early hearing of the said writ petition. [6] While so, Mr. H.S. Paonam, learned senior counsel, appearing for petitioner-firm, would inform this Court that after due reconsideration, the Tender Committee resolved to award the subject packages of work to the petitioner-firm and, therefore, the cause in WP(C) No. 523 of 2020 no longer survives for consideration on merits. [7] Ms. Ayangleima, learned counsel for the petitioner in WP(C) No. 749 of 2021, would state that he settled his dispute with the petitioner-firm in WP(C) No. 523 of 2020 and that she has been instructed to withdraw WP(C) No. 749 of 2021. A copy of the letter addressed by V.S. Nganingkhui, the petitioner in WP(C) No. 749 of 2021, to the Chief Engineer, Rural Engineering Department, Government of Manipur (received on 29-06-2022), is placed on record and the same reflects that he undertook to withdraw WP(C) No. 749 of 2021 as and when it was listed for hearing in the light of his amicable settlement with M/s. S.I. Singh & Co. Enterprises. WP(C) No. 523 of 2020 & 4 Ors. [8] Mr. Anjan Prasad Sahu, learned counsel for the petitioner in WP(C) No. 777 of 2021, concedes that his client also took back his Earnest Money Deposit in connection with the work order dated 28-12-2020 but contends that he was put to loss as he had mobilized men and materials for execution of the work prior to the cancellation order dated 05-10-2021. This aspect would be a matter for evidence and his claim for damages, if any, cannot be resolved by this Court in exercise of writ jurisdiction. Therefore, insofar as the grievance of the petitioner in WP(C) No. 777 of 2021 is concerned, it is left open to him to approach the competent forum for redressal of his claim for damages, if any, subject to proof and evidence, and in accordance with law. [9] On the above analysis, WP(C) No. 523 of 2020 is dismissed as infructuous. MC(WP(C)) No. 213 of 2021 filed therein is also dismissed. WP(C) No. 749 of 2021 is dismissed as withdrawn. WP(C) No. 777 of 2021 is also dismissed, leaving it open to the petitioner therein to work out his remedies before a competent forum in accordance with law. CONT.CAS(C) No. 3 of 2021 is closed in the light of the measures taken by the respondent- authorities to undo the error committed by them in acting contrary to the interim order of this Court. In the circumstances, there shall be no order as to costs. Victoria CHIEF JUSTICE WP(C) No. 523 of 2020 & 4 Ors.