Firoz Hossain v. The State Of West Bengal And ORS.

23.05.2025 Ct. no.39 Sl. No.5

IN THE HIGH COURT AT CALCUTTA

ss CIVIL REVISIONAL JURISDICTION APPELLATE SIDE W.P.A. 7342 of 2025 Firoz Hossain & anr.

versus The State of West Bengal & ors.

Mr. Mahaboob Ahmed ... for the petitioners Mr. Santanu Kumar Mitra Ms. Anandamayi Ghosh ... for the State Affidavit of service filed on behalf of the petitioners is taken on record.

This writ petition is filed seeking for withdrawal/ cancellation of order no. 52/PS dated 30th January, 2025 passed by the respondent no.4, Murarai-I Panchayat Samity for extension of the contract of the toll plaza.

The petitioners contend that the contract for running Toll Plaza between Chatra to Khanpur Road is extended vide order dated 30th January, 2025 in favour of the respondent no.7, Bumba Co-operative Labour Contract and Construction Society Limited, without any basis. The petitioners made representation before the Sabhapati, Murarai-I Panchayat Samity, respondent no.6 on 8th March, 2025 seeking for cancellation of the order impugned for extension of the contract for running

the Toll Plaza. However, no steps have been taken. Hence, this writ petition.

Mr. Mahaboob Ahmed, learned Advocate for the petitioners submit that the Murarai-I Panchayat Samity, respondent no.4, did not have any authority to extend the contract of Toll Plaza. He seeks for cancellation of such order.

Mr.

Santanu Kumar Mitra, learned Senior Government Advocate appearing on behalf of the State submits that as per Clause 17(b) of the notice of eauction the contract can be extended upon payment of increased 10% of the offered rate for the following year and such decision of the authority is final. Therefore, there is no illegality in extension of the contract in favour of the respondent no.7, Bumba Co-operative Labour Contract and Construction Society Limited. He seeks for dismissal of the writ petition. He files statement of facts furnished by Executive Officer, Murarai-I Dev, Block, Birbhum, which is taken on record.

Clause 17(b) of the notice for e-auction dated 28th December, 2023 of Murarai-I Panchayat Samity provides that the contract will be valid for one year from the date of taking over possession in that case and if the authority/agency desires to extend the lease period then the offered rate will be increased by 10% of the

offered rate for the following year. The decision of the authority will be final.

In view of the above, the decision taken by the Murarai-I Panchayat Samity, respondent no.4, for extension of the contract for running the Toll Plaza in favour of the respondent no.7 does not call for interference.

Accordingly, the writ petition being WPA 7342 of 2025 stands dismissed.

All connected applications, if any, stand disposed of. Interim order, if any, stands vacated.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)