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Calcutta High CourtWPA/9668/2022dismissed

Sahadat Hossain And ORS. v. State Of West Bengal And ORS.

2022-09-14Hon'Ble Justice Saugata Bhattacharyya3 pages

14.09.2022 adeb WPA 9668 of 2022 (Assigned) Sahadat Hossain & Ors.

Vs.

State of West Bengal & Ors.

Mr. Samim Ahammed Mr. Arka Maiti ...for the petitioners Mr. R.N. Dutta Mr. L.M. Basu ...for the State Present writ petition is taken out, inter alia, challenging several Notices Inviting Tender issued on 27th April, 2022 issued by the Pradhan, Doulatpur Gram Panchayat on the ground that while issuing Notices Inviting Tender (NIT) guidelines prescribed through memorandum being No. 253/PN/0/I/1A-01/2020 dated 15th January, 2021 has not been followed. In support of challenge being thrown to Notices Inviting Tender reliance has been placed on one order dated 11th April, 2022 passed by the Block Development Officer, Harischandrapur-II Development Block, Malda.

According to the learned advocate representing the petitioners while issuing the impugned Notices Inviting Tender the said guidelines issued under memorandum dated 15th January, 2021 has not been conformed and the petitioners have prayed for cancellation of those NITs.

The writ petition has been heard on few occasions previously when the learned advocate representing the Staterespondents could not apprise this Court with regard to the status of the Notices Inviting Tender which have been put under challenge resulting in issuance of interim order dated

30th August, 2022 directing the respondents not to issue work order in connection with the impugned Notices Inviting Tender, if the same were not issued by that time till 19th September, 2022.

Today, the learned advocate representing the Staterespondents has submitted documents from where it appears that pursuant to Notices Inviting Tender which are in question in the present writ petition work orders were issued on 12th May, 2022 i.e. before filing the present writ petition on 23rd May, 2022. It further appears from the documents placed before this Court against most of the work orders proposed work is complete.

The documents produced by the learned advocate representing the State-respondents containing the status of the work order as well as the connected work are taken on record.

In view of the aforesaid position, which shows that pursuant to the Notices Inviting Tender work orders have been issued in the month of May, 2022 and by that time the work is complete; interference of this Court as prayed for by the petitioners on the ground of not conforming to the guidelines prescribed under the memorandum dated 15th January, 2021 ought not to be considered.

Accordingly, the writ petition stands dismissed. Interim order passed earlier stands vacated.

However, there shall be no order as to costs. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)