Biplab Kumar Chowdhury v. The State Of West Bengal And ORS.

22.07.2025 Item No.34 gd/ssd WPA(P)/197/2025 BIPLAB KUMAR CHOWDHURY VS THE STATE OF WEST BENGAL AND ORS.

Mr. Sakabda Roy ..for the Petitioner.

Ms. Sumita Shaw, Mr. Diptendu Narayan Banerjee, Mr. Soumen Chatterjee ..for the State.

Mr. Kishore Datta, ld. Advocate General Mr. Sanjay Saha, Mr. Raju Mondal, ..for the Respondent Nos.2 to 4.

1. The learned counsel for the petitioner submits that the crux of the matter is that the earlier bidders were held to be eligible in the year 2021 and 2023. While issuing the fresh NIT dated 20th December, 2024, the State has treated only earlier empanelled bidders as eligible and because of that various other more eligible persons/bidders could not submit their candidatures. This resulted into less competition and ultimate sufferer is the Government. Thus, the present PIL may be entertained.

2. The prayer is opposed by the learned Advocate General.

3. We have heard the parties on admission.

4. In our opinion, it is not the case of the petitioner that the persons, who are bidders to present NIT dated 20th December, 2024, are not eligible at all.

5. If in the opinion of the petitioner, there were more eligible persons, who could have given a better service or price, it was for them to knock the doors in appropriate proceedings.

6. At this stage, the learned Advocate General submits that fact remains that one person, who felt that he was illegally deprived to submit his bid, filed MAT 83 of 2025 before this court which was dismissed on 21.1.2025.

7. In addition, the learned Advocate General apprised us that a PIL, namely, WPA(P) 19 of 2025 was also filed on similar issue which came to be dismissed on 30.1.2025.

8. We find no reason to entertain this PIL.

9. The PIL is dismissed by reserving liberty to the aggrieved persons to approach the appropriate forum. (SUJOY PAUL, J) (SMITA DAS DE, J.)