Pijus Kanti De v. State Of West Bengal And ORS.

17.03.2021.

d.p.

W.P.A 5834 of 2021 (Via Video Conference) Pijus Kanti De -versus The State of West Bengal & Ors.

Mr. Kushal Chatterjee, Mr. Debabrata Ray.

...For the Petitioner.

Ms. Sutapa Sanyal, Ms. Joyee Maiti.

...For the State.

Mr. Triptimoy Talukdar.

...For the Respondent No.4.

Affidavit-of-service filed in Court today is taken on record.

The petitioner in the instant writ petition has challenged the Notice Inviting E-auction dated 22nd February, 2021 by Memo No. 1452 upon cancellation of the earlier E-auction.

The order of cancellation of E-auction has already been set aside by this Court in WPA 5331 of 2021. The learned advocate appearing for the Panchayat Samity has fairly submitted in Court that in view of the model code of conduct that is prevailing due to the General Assembly Elections declared in the State of West Bengal, steps are not being taken to proceed with the E-auction dated 22nd February, 2021.

As direction has been passed in the earlier writ petition for providing reasons for cancellation of the Eauction, accordingly, it will be open for the Panchayat Samity to float fresh E-auction notice only if the earlier E-auction has been cancelled by following the provisions of law.

Till a decision is taken by the Panchayat Samity in terms of the order dated 17th March, 2021 passed in WPA 5331 of 2021, no steps shall be taken by the Panchayat Samity to proceed with the Notice Inviting Eauction under the Memo No. 1452 dated 22nd February, 2021.

With the above observations, the instant writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)