M/S Rupa Enterprises Rep. By Its Sole Prop. Sk Solaiman v. State Of West Bengal And ORS.

19.07.2022 Ct. 5 D/L 28 ab WPA 6592 of 2022 With IA No. CAN 1 of 2022 M/s. Rupa Enterpises -VsState of West Bengal & Ors.

Mr. Saptangshu Basu, Mr. Swarup Paul, Mr. Surya Maity, Ms. Amrita Maji, Mr. Anirban Chakraborty ... for the petitioner Mr. Samrat Sen, Mr. Nilotpal Chatterjee, Mr. Amitava Mitra, ... for the State Mr. Anubhav Sinha, Ms. Sachita Barman Roy ... for the respondent no. 5 The dispute with regard to the petitioner not being declared to be the successful bidder despite the petitioner's fulfilling the relevant tender conditions can be addressed by directing the respondent no.3 being the Director, ESI (MB) Scheme. The representation of the petitioner is already on record and was made to the Superintendent of the ESI Hospital on 09.04.2022.

This court is, however, of the view that the Director, ESI should be the authority to dispose of the representation made by the petitioner.

WPA 6592 of 2022 is accordingly disposed of with a direction on the respondent no. 3 to dispose of the representation made by the petitioner by way of a reasoned order and upon hearing both the petitioner as well as the private respondent within a period of three weeks from date, as suggested. A copy of the reasoned order shall be made available to the petitioner within a week from the date on which the reasoned order is passed.

The application bearing CAN 1 of 2022 is also disposed of in terms of this order.

( Moushumi Bhattacharya, J.)