M/S Chowdhury Builders v. State Of West Bengal And ORS.

Sl. No. 16 10.06.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 8159 of 2022 M/s. Chowdhury Builders

Versus

The State of West Bengal & Ors.

Mr. P. S. Deb Barman Mr. Srikanta Datta ... for the petitioner Mr. Rabindra Narayan Dutta Mr. Jaydip Bose ... for the State None appears on behalf of Buniadpur Municipality.

Affidavit of service filed in Court is taken on record.

The petitioner is aggrieved by the order of the Chairman, Buniadpur Municipality dated 10th January, 2022 whereby the petitioner has been blacklisted and restrained from participating in any tender process of the Municipality.

The order impugned herein does not reflect whether any opportunity of hearing was given to the petitioner prior to passing the order of blacklisting. As the right of the petitioner to participate in the tender process has been taken away in view of the order of blacklisting it was incumbent upon the Municipality to afford an opportunity of hearing to the

petitioner prior to passing the said order. The same not being done, there has been violation of the principle of natural justice, equity and fair play.

As none appears to defend the Municipality, the Court is left with no other alternative but to set aside and quash the said order dated 10th January, 2022 being contrary to the principles of natural justice, equity and fair play.

It will be open for the Municipality to take steps against the petitioner strictly in accordance with law after giving an opportunity of hearing to the petitioner or through his authorised representative.

Writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)