GAUHATI HIGH COURT ISSUES ORDER ON SURYA CONSTRUCTION V/S STATE OF ASSAM AND 3 ORS

GUWAHATI, India, Oct. 25 -- Gauhati High Court issued the following order on Sept. 25:

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 GuideLines 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. 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.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4w%2B3%2BenTdBGxDq77P7laPObYt%2Ft5qzY641LRCjuNEU9&caseno=WP(C)/5787/2025&cCode=1&cino=GAHC010220162025&state_code=6&appFlag=)

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