Friends Construction v. State Of West Bengal And ORS.

15.01.2024 s.h.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A.753 of 2024 Friends Construction -versus The State of West Bengal & Ors.

Mr. Pratip Kumar Chatterjee ... for the petitioner.

Sk. Md. Galib Ms. Tanwishree Mukherjee ... for the State respondents.

The petitioner participated in the tender process issued by the Khorjuna Gram Panchayat.

The bid of the petitioner stood rejected in the financial bid stage on January 5, 2024 with the observation that the Professional Tax Registration Certificate is not updated. The uploaded certificate is valid till July 31, 2022. The technical bid was opened on December 26, 2023 and the technical bid of the petitioner was admitted.

The petitioner submits that despite uploading all documents, the bid of the petitioner was deliberately rejected. The petitioner immediately filed representation before the District Magistrate, the Additional District Magistrate (Zilla Parishad) and the Block Development Officer on January 7, 2024. The grievance of the petitioner is that the same has not been considered till date.

Learned advocate representing the State respondents has obtained instruction from the Block Development Officer signed on January 12, 2024 wherein it has been mentioned that the technical bid

was opened on December 26, 2023 and the financial bid was opened on January 5, 2024. As the petitioner did not upload all documents, the bid stood rejected. There were three eligible bidders and the work order was issued on January 5, 2024. The time period for conclusion of the work was 15 days. The eligible contractor physically completed the work on January 10, 2024.

From the documents placed before this Court it appears that before the petitioner could file the objection before the concerned authority, the work order was issued and the work stood completed immediately thereafter on January 10, 2024.

At this stage there is no scope to grant any relief to the petitioner.

The writ petition, accordingly, stands dismissed. Urgent certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)