M/S Sarkar Construction v. State Of West Bengal And ORS.

D/L 20 21.03.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 7634 of 2024 M/s. Sarkar Construction Vs.

The State of West Bengal & Ors.

Mr. Srikanta Datta ...for the Petitioner.

Ms. Munmun Ganguly Mr. Debraj Sahu ...for the State.

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

2. Instruction forwarded by the Assistant Director of Fisheries, Dakshin Dinajpur signed on 14th March, 2024 is taken on record.

3. In the instant writ petition the petitioner challenges the credentials in the Notice Inviting e-Tender dated 12th February, 2024. It has been submitted that since the tender value is less than Rs. 5 lakh, the credentials ought to have been relaxed.

4. On a perusal of the Notice Inviting e-Tender, it appears that, the period for completion of the work was 21 days from the date of issuance of the work order. It appears that, the period for completion of the work expired long back.

5. On a perusal of the instruction forwarded by the Assistant Director of Fisheries, Dakshin Dinajpur, it appears that, the petitioner failed to produce any credential or experience profile.

6. The submission of the petitioner regarding non requirement of production of any credential in respect of tender value below rupees five lakh is only meant for the works department. In the present case, the tender was for non works purpose.

7. Accordingly, the authority appears to have rightly cancelled the bid of the petitioner at the technical stage.

8. There is no reason for interference in the instant writ petition.

9. The writ petition fails and is hereby dismissed.

10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)