Abdul Halim & ORS. v. State Of West Bengal & ORS

D.L. 55.

14.09.2020 S.R. & S.D.

W.P.A. 6725 of 2020 With CAN 1 of 2020 (Old No. CAN 5635 of 2020) Abdul Halim & Ors.

Vs.

The State of West Bengal & Ors.

(Via Video Conference) Mr. Kamalesh Bhattacharya Mr. Aninda Bhattacharya ....for the petitioners.

Mr. Sandip Chakraborty Mr. Anindya Bose ... for the Pradhan.

Mr. Kumar Jyoti Tewari Mr. Manas Kumar Das Ms. Rajlaxmi Ghatak In re: CAN 1 of 2020 (Old No. CAN 5635 of 2020) This application for urgent hearing of the writ petition is disposed of by taking up the writ petition for consideration. A writing dated August 14, 2020 is under challenge in the present writ petition.

By the impugned order, the sub-divisional officer considered the claim of the petitioners and rejected the same on the ground that the authorities found illegality in the previous tendering process and wanted to do a fresh tender.

Learned advocate appearing for the petitioners submits that, a similar order was passed earlier. It was challenged by the petitioners by a writ petition. Such writ petition was disposed of by an order dated July 28, 2020. The petitioners are the successful tenderers in the tender in process. The Pradhan is represented.

It appears from the records that, a tender was floated by the authorities. The petitioners participated in such tender. The tender was cancelled by a writing dated June 29, 2020. Being aggrieved by such cancellation, the petitioners filed a writ petition being W.P. No.5835 (W) of 2020. Such writ petition was disposed of by an order dated July 28, 2020 by quashing the writing dated June 29, 2020. By the order dated July 28, 2020, the sub-divisional officer was directed to pass a reasoned order. Acting in terms of the order dated July 28, 2020 passed in the writ petition, the sub-divisional officer by the impugned writing dated August 14, 2020 found that, there was illegality in the tender process. Consequently, the authorities decided to do a fresh tender process. The impugned order is reasoned. There is no ground to interfere under Article 226 of the Constitution of India with regard thereto.

In such circumstances, W.P.A. 6725 of 2020 is dismissed without any order as to costs.

(Debangsu Basak, J.)