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Calcutta High CourtWPA(P)/112/2022dismissed

Ambuj Tewari v. State Of West Bengal And ORS.

2022-04-25The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Bivas Pattanayak2 pages

April 25, 2022 Serial No.14 Court No.1 SG WPA(P) 112 of 2022 Ambuj Tewari vs.

The State of West Bengal and others Mr. Goutam Dey, Mr. Rajesh Naskar, Mr. Dipendu Sarkar, Mr. Kaushal Kumar, Advocates ...for the Petitioner.

Mr. Samrat Sen, ld AAAG Ms. Sonal Sinha Mr. Nilotpal Chatterjee, Advocates ... for the State In this petition, the allegation of the petitioner is that NIT was published for executing the plantation and other related work with estimated value of Rs.5-10 lakhs and in that process, the authority had committed several irregularities such as the NIT was not published in the newspaper, as required the minimum 7 days time for submission of tender was not given and instead of 5% security deposit, only 3% security amount was taken. Submission of learned counsel for the petitioner is that though the representations were submitted but no action has been taken.

Having examined the record, we find that this writ petition was filed on 11.03.2022 and the allegations were made in the petition in respect of the tenders which were floated between June and July, 2021. The petitioner has belatedly approached this Court. That apart, the scope of interference in the tender matter is very limited as has

WPA(P) 112 of 2022 been settled by the Supreme Court in the matter of Silppi Constructions contractors vs Union of India and another reported in (2020) 16 SCC 489. It is also noticed that there is no allegation of violating the above conditions to favour any particular party and none of the unsuccessful participants have joined this petition making any such allegation.

In these circumstances, we are of the opinion at this stage that no case for interference is made out in the present petition which is accordingly dismissed. [Prakash Shrivastava, C.J.] [Rajarshi Bharadwaj, J.]