M/S Nongmaithem Enterprises vs Vrs on 18 April, 2026

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    Manipur High Court

    M/S Nongmaithem Enterprises vs Vrs on 18 April, 2026

    Author: Ahanthem Bimol Singh

    Bench: Ahanthem Bimol Singh

    LAISHRA Digitally signed
             by LAISHRAM
    M        DHAKESHORI
    DHAKESH DEVI
             Date: 2026.04.20
    ORI DEVI 12:22:21 +05'30'                                                     Item Nos. 2-3
                                     IN THE HIGH COURT OF MANIPUR
                                               AT IMPHAL
    
                   WP(C) No. 287 of 2026
                   M/S Nongmaithem Enterprises                            ...Petitioner/s
                       Vrs.
                   State of Manipur & 4 ors.                              ...Respondent/s

    With
    MC(WP(C)) No. 309 of 2026

    -B E F O R E-

    SPONSORED

    HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

    18.04.2026

    Heard Mr. Tungrei Ngakang, learned counsel appearing for

    the petitioner.

    [2] Issue notice, returnable within three weeks.

    [3] Mr. Shyam Sharma, learned GA entered appearance on

    behalf of respondent Nos. 1, 2, 3 & 4 and Mr. Syed Murtaza Ahamad,

    learned counsel assisting Mr. N. Jotendro, learned senior counsel

    entered appearance and accepts notice on behalf of respondent No. 5

    and hence, no formal notice is called for.

    [4] The present petition has been filed assailing the notification

    dated 02-02-2026 issued by the Office of the DC/Executive Director,

    DRDA, Ukhrul (DC, Ukhrul for short) by which the Technical bid

    submitted by the petitioner in respect of the contract work for

    construction of Shirui Heritage Village and Bakshi Ground at Ukhrul
    WP(C) No. 287 of 2026 Page 1
    District, Manipur had been notified as ‘Disqualified’ and also the work

    order dated 23-02-2026 issued by the DC, Ukhrul in favour of the

    respondent No. 5.

    [5] Mr. Tungrei Ngakang, learned counsel appearing for the

    petitioner submitted that the Technical bid of the petitioner has been

    rejected by the authorities only on the ground that the site visiting

    certificate, which is not a document included in the list of documents

    required to be uploaded online as per tender notification, was not

    uploaded by the petitioner. According to the learned counsel, rejection

    of the Technical bid submitted by the petitioner on this ground is

    arbitrary and illegal.

    [6] The acceptance of the Technical bid submitted by the

    respondent No. 5 as well as the impugned work order issued in favour

    of the respondent No. 5, is arbitrary and illegal inasmuch as the GST

    clearance certificate submitted by the respondent No. 5, which

    according to the learned counsel is an essential document, is not a valid

    certificate in respect of the aforesaid contract work. On this ground, the

    impugned notification as well as the impugned work order issued in

    favour of the respondent No. 5 are liable to be quashed and set aside.

    [7] Mr. Shyam Sharma, learned GA and Mr. N. Jotendro, learned

    senior counsel assisted by Mr. Shyed Murtaza Ahamad, learned counsel
    WP(C) No. 287 of 2026 Page 2
    appearing for the respondents submitted that after considering all the

    documents, certificates and objections filed by the bidders, the

    impugned notification as well as the work order has been issued and no

    arbitrariness or illegalities has been committed by the authorities in

    issuing the said impugned notification as well as the impugned work

    order. It has further been submitted by Mr. N. Jotendro, learned senior

    counsel appearing for respondent No. 5 that the said contract work is a

    time bound project which requires completion of the construction within

    a time bound manner and that the respondent No. 5 had already started

    execution of the work and the work is in advance stage. The learned

    senior counsel further submitted that any interference from this Court

    at this stage will affect the public interest. The learned senior counsel

    as well as the learned GA submitted that they may be given some time

    to file detail counter affidavit to decide the matter on merit.

    [8] As prayed for by the learned counsel appearing for the

    respondents, list these cases again on 01-06-2026.

    [9] The parties are directed to complete exchange of their

    affidavits on or before the next date of hearing without fail.

    
    
    
    
                                                            JUDGE
    Dhakeshori
    
    
    WP(C) No. 287 of 2026                                             Page 3
     

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