B M Construction And ANR v. State Of West Bengal And ORS.

D/L. 7.

February 24, 2023.

MNS.

WPA No. 3167 of 2023 B. M. Construction and another Vs.

State of West Bengal and others Mr. Nandadulal Bandyopadhyay ... for the petitioners.

Ms. Bandana Basu ...for the WBSEDCL.

Learned counsel for the petitioners contends that the petitioners have not been allotted any work despite being the enlisted contractor for the West Bengal State Electricity Distribution Company Limited (WBSEDCL).

However, learned counsel for the WBSEDCL opposes such contention and submits, by placing reliance on the general terms and conditions in that regard annexed at page 24 of the writ petition, that the very first clause indicates that an enlistment of the firm does not guarantee awarding of contract by the competent authorities. In any event, the same lies within the domain of the WBSEDCL.

Be that as it may, since a representation has been made by the petitioners before the

respondent-authorities, which has not yet been considered, WPA No. 3167 of 2023 is disposed of by directing the respondent-authorities to consider the representation dated November 14, 2022, annexed at page 32 (Annexure P-5 of the present writ petition,) upon giving an opportunity of hearing to the petitioner as expeditiously as possible, preferably within a fortnight from date. Since no affidavits were invited from any of the respondents, it will be deemed that the respondents have not admitted any of the allegations made in the writ petition.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)