GAHC040018602024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

Case No. : Review Pet./14/2024

The State of AP and 3 Others represented by the Secretary, Department of Rural Development, Govt of Arunachal Pradesh, Itanagar 791111. 2: The Director Age: Occupation : Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: Occupation : Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director Age: Occupation : Rural Development Kurung Kumey District Arunachal Pradesh 79111

VERSUS

M/s B K K S Enterprises

Village Pating, PO and PS Sangram, Kurung Kumey District, Arunachal Pradesh 791118 represented by its Power of Attorney Holder Shri Bamang Rama, Son of Bamang Kalik, resident of Sangram Village, Po and PS Sangram, Kurung Kumey District, Arunachal Pradesh 791118

Advocate for the Petitioner : Binter Picha, SC (RD)

Advocate for the Respondent : Taja Garam,

Linked Case : Review Pet./20/2024

The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111. 2: The Director Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director Age: 0 Occupation : Address:Rural Development Kurung Kumey District Arunachal Pradesh 791118 VERSUS

M/s N K Enterprise Age: 0 Occupation : Address:Keya Village PO and PS Koloriang Kurung Kumey District Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Pisa Taro Son of Pisa Langlang resident of Lee Village PO Sarli PS Koloriang

Kurung Kumey District Arunachal Pradesh. 791118

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Advocate for : Binter Picha Advocate for : Taja Garam appearing for M/s N K Enterprise: Advocate appearing for respectively.

Linked Case : Review Pet./19/2024

The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111 2: The Director Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director Age: 0 Occupation : Address:Rural Development Kurung Kumey District Arunachal Pradesh 791118 VERSUS

M/s J G Enterprise Age: 0 Occupation : Address:Nyapin PO and PS Nyapin Kurung Kumey District Arunachal Pradesh 791118 represented by its power of attorney holder Smti Tadar Yadum Wife of Tadar Tadey resident of Nyapin Po and PS Nyapin Kurung Kumey District Arunachal Pradesh.

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Advocate for : Binter Picha Advocate for : Taja Garam appearing for M/s J G Enterprise: Advocate appearing for respectively.

Linked Case : Review Pet./21/2024

The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111. 2: The Director Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director Age: 0 Occupation : Address:Rural Development Kurung Kumey District Arunachal Pradesh 791118 VERSUS

M/s N K Enterprise Age: 0 Occupation :

Address:Keya Village PO and PS Koloriang Kurung Kumey District Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Pisa Taro Son of Pisa Langlang resident of Lee Village PO Sarli PS Koloriang Kurung Kumey District Arunachal Pradesh.

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Advocate for : Binter Picha Advocate for : Taja Garam appearing for M/s N K Enterprise: Advocate appearing for respectively.

Linked Case : Review Pet./17/2024

The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111. 2: The Director Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director Age: 0 Occupation : Address:Rural Development Kurung Kumey District Arunachal Pradesh 791118 VERSUS

M/s Pacho Enterprises Age: 0 Occupation : Address:Langnag Village Po and PS Parsi Parlo Kurung Kumey District Arunachal Pradesh 791118 represented by its proprietor Shri Bamang Pacho Son of Shri Bamang Tabang resident of Village Langbang PO and PS Parsi Pralo Kurung Kumey District Arunachal Pradesh.791118

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Advocate for : Binter Picha Advocate for : Taja Garam appearing for M/s Pacho Enterprises: Advocate appearing for respectively.

Linked Case : Review Pet./18/2024

The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111 2: The Director Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director Age: 0 Occupation : Address:Rural Development Kurung Kumey District Arunachal Pradesh 791118 VERSUS

M/s Atu Taru Enterprise Age: 0 Occupation : Address:Langnag Village PO and PS Parsi Parlo Kurung Kumey District Arunachal Pradesh 791118 represented by its authorized person Shri Bamang Losik Son of Shri Bamang Tasuk resident of Upper Nyapin PO and PS Nyapin Kurung Kumey District Arunachal Pradesh. 791118

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Advocate for : Binter Picha Advocate for : Taja Garam appearing for M/s Atu Taru Enterprise: Advocate appearing for respectively.

Linked Case : Review Pet./16/2024

The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111. 2: The Director Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director

Age: 0 Occupation : Address:Rural Development Kurung Kumey District Arunachal Pradesh 791118 VERSUS

M/s C R Enterprise Age: 0 Occupation : Address:Koloriang Market House No. 09 Koloriang PO and PS Kurung Kumey District Kurung Kumey Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Chera Tagin Son of Late Chera Tale resident of Village Rengchi Po and PS Koloriang Kurung Kumey District Arunachal Pradesh.

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Advocate for : Binter Picha Advocate for : Taja Garam appearing for M/s C R Enterprise: Advocate appearing for respectively.

Linked Case : Review Pet./15/2024

The State of AP and 3 Ors Age: 0 Occupation : Address:represented by the Secretary Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111 2: The Director Age: 0 Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh Itanagar 791111

3: The Joint Director (RE) Age: 0

Occupation : Address:Department of Rural Development Govt of Arunachal Pradesh 791111

4: The Project Director Age: 0 Occupation : Address:Rural Development Kurung Kumey District Arunachal Pradesh 791118 VERSUS

M/s C R Enterprise Age: 0 Occupation : Address:Koloriang Market House No. 09 Koloriang PO and PS Kurung Kumey District Kurung Kumey Arunachal Pradesh 791118 represented by its power of Attorney holder Shri Chera Tagin Son of Late Chera Tale resident of Village Rengchi Po and PS Koloriang Kurung Kumey District Arunachal Pradesh.

------------ Advocate for : Binter Picha Advocate for : Taja Garam appearing for M/s C R Enterprise: Advocate appearing for respectively.

- B e f o r e - Hon'ble Mr. Justice Robin Phukan O R D E R

19.02.2025

Heard Mr. B. Picha, learned counsel for the review petitioners. Also heard Mr.

T. Garam, learned counsel for the respondents.

2. By this common order, it is proposed to dispose of all the eight review petitions, as the issue raised in these review petitions is same.

3. These review petitions, under Chapter X of the Gauhati High Court Rules, read with Section 114 and Order 47 Rule 1 of the CPC, are preferred by the review petitioners, State of Arunachal Pradesh and 3 Others, for review of the order dated 11.12.2024, passed in WP(C) No. 522(AP)/2024 and other connected writ petitions.

4. Mr. Picha, learned counsel for the review petitioners submits that while disposing of the aforementioned writ petitions, vide order dated 11.12.2024, this Court was pleased to issue direction to the review petitioners/respondents therein to rescind the fresh NIT dated 29.10.2024, and to extend the agreement period by another 30 (thirty) days from the date of receipt of certified copy of that order.

4.1. Mr. Picha also submits that the review petitioners had issued one NIT on 11.08.2023, for Supply and Procurement of Materials under MGNREGA 2023-24, in respect of different CD blocks, under Kurung Kumey district, Arunachal Pradesh and the respondents were successful bidder for the said supply and package of materials. Thereafter, respective contract agreement was executed between the respondents and the review petitioners and supply order was also issued to them. But, the same could not be completed by the respondents herein due to some unavoidable circumstances such as collapse of bridge, consequent road blockage due to torrential rain in Kurung Kumey district, due to pendency of one writ petition, where stay order was granted and on account of imposition of Model Code of Conduct in Arunachal Pradesh due to Lok Sabha Election and Assembly Election. Thereafter, the review petitioners had issued fresh NIT on 29.10.2024, for the block period 2024-25 with headings 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Sangram, Kurung Kumey District, Arunachal Pradesh (Package-III)', 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Parsi Parlo, Kurung Kumey District, Arunachal Pradesh (Package-VI)', 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Koloriang, Kurung Kumey District, Arunachal Pradesh (Package-IX)', 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Damin, Kurung Kumey District, Arunachal Pradesh (Package-I)', 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Phassang, Kurung Kumey District, Arunachal Pradesh (Package-I)', 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Nyapin, Kurung Kumey District, Arunachal Pradesh (Package-II)', 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Sarli, Kurung Kumey District, Arunachal Pradesh (Package-V)', 'Supply and Procurement of Materials under MGNREGA 2024-25 of CD Block, Polosang, Kurung Kumey District, Arunachal Pradesh (Package-IV)'.

4.2. Mr. Picha further submits that thereafter, hearing both the parties, this Court was pleased to dispose of the writ petitions vide order under review dated 11.12.2024.

4.3. Mr. Picha also submits that while passing the order under review, this Court has directed the review petitioners/respondents therein to rescind the fresh NIT dated 29.10.2024, and to extend the agreement period by another 30 (thirty) days from the date of receipt of certified copy of that order.

4.4. Further, Mr. Picha submits that pursuant to the order under review of this Court, the review petitioners/respondents therein have extended time of completion of the earlier work, which pertains to the block period 2023-24, and that in the aforementioned order, this Court has also directed to rescind the fresh NIT dated 29.10.2024. But, the said NIT dated 29.10.2024, relates to supply and procurement of materials under MGNREGA for the period 2024-25 and this NIT has nothing to do with the works of the writ petitioners/respondents herein and because of this order, the review petitioners have been facing hardship and as such, it is contended that the order may be reviewed by allowing the review petitioners to proceed with the NIT dated 29.10.2024.

5. On the other hand, Mr. Garam, learned counsel for the respondents has opposed these review petitions. Mr. Garam submits that the order was passed with consent of both the parties and unless the NIT dated 29.10.2024, is rescinded or set aside, the review petitioners would not be able to extend the time period, and as such, it is contended to dismiss the petitions.

6. At this stage, Mr. Picha, learned counsel for the review petitioners submits that the review petitioners have already extended the contract work, vide letter dated 26.12.2024, up to 31.01.2025, and the respondents herein have already carried out work and they will also receive payment for the same on submission of the bills, and the NIT dated 29.10.2024 has nothing to do with the supply work of the respondents herein as the block period is different.

7. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petitions and the documents placed on record, and also gone through the order under review dated 11.12.2024.

8. In the order under review dated 11.12.2024, in paragraph No. 8, it is provided that the review petitioners/respondents therein shall rescind the fresh NIT dated 29.10.2024, and shall extend the agreement period by another 30 (thirty) days from the date of receipt of certified copy of that order. Further, it appears from the documents placed before this Court by Mr. Picha, learned counsel for the review petitioners, that the review petitioners/respondents in WP(C) No. 522(AP)/2024 and other connected writ petitions have already extended the contract period of the respondents herein up to 31.01.2025. It also appears that the validity of the said contract period as per agreement, expired on 30.03.2024, and the same relates to block period 2023-24. It further appears that the NIT dated 29.10.2024, relates to block period 2024-25 and as such, the present NIT has nothing to do with the contract work of the respondents herein/petitioners in WP(C) No. 522(AP)/2024 and other connected writ petitions.

9. I have also gone through the NIT dated 29.10.2024 and the NIT dated 15.11.2023, annexed with these petitions, by which the contract was given to the respondents/petitioners in WP(C) No. 522(AP)/2024 and other connected writ petitions.

10. A perusal of the said NIT dated 15.11.2023, indicates that the same pertains to MGNREGA 2023-24 and as submitted by Mr. Picha, learned counsel for the review petitioners, the same came to an end on 30.03.2024. However, the same was extended pursuant to the order under review, dated 11.12.2024, passed by this Court up to 31.01.2025 and the said work has already been carried out by the respondents herein.

11. It also appears from the NIT dated 29.10.2024, that the same relates to MGNREGA work 2024-25 for CD Block Sangram (Package-III), CD Block Parsi Parlo (Package-VI), CD Block Koloriang (Package-IX), CD Block Damin (Package-I), CD Block Phassang (Package-I), CD Block Nyapin (Package-II), CD Block Sarli (Package-V) and CD Block Polosang (Package-IV).

12. As the respondents herein have already carried out the contract work and they will receive the payment subject to submission of the bills, and as NIT dated 29.10.2024, relates to different block period i.e. 2024-25, and also in view of the fact that the review petitioners herein are facing hardship because of the order for rescinding the NIT, this Court is of the view that there exist sufficient reason to review the order dated 11.12.2024. Accordingly, this Court is inclined to allow these review petitions by modifying the order under review, dated 11.12.2024 in WP(C) No. 522(AP)/2024 and other connected writ petitions. The review petitioners are allowed to continue with the NIT dated 29.10.2024 and the direction to rescind the same stands recalled.

13. In terms of above, these review petitions stand disposed of.

JUDGE

Comparing Assistant