M/S. Garain Construction v. The District Magistrate, Purulia And ORS.

03.11.2025 ML.14 Court No.15 sg WPA 13928 of 2025 M/s. Garain Construction Vs.

The District Magistrate, Purulia & Ors.

Mr. Arghya Mukherjee Mr. Sauradeep Dutta ....for the petitioner.

Mr. Saugata Mitra Mr. Nikhil Kumar Gupta ....for the Pradhan.

Mr. Rajarshi Basu Mr. Anirban Datta ....for the State.

It is submitted by the learned advocate appearing for the petitioner that the petitioner had participated in four tender notices floated on January 13, 2025, by Udaypur Joynagar Gram Panchayat, Purulia, for various development works. It is stated that the petitioner emerged as the lowest bidder in respect of all four tender works.

The petitioner, however, was not issued the corresponding work orders, allegedly on flimsy grounds. The said allegations have been denied by the State. It is submitted on behalf of the State that despite being given several notices, the petitioner failed to execute the necessary agreement with the concerned Gram Panchayat for implementation of the development works.

Learned advocate for the petitioner has drawn the attention of this Court to a letter dated March

11, 2025, whereby the petitioner was restrained from participating in any tender work from March 10, 2025, to January 31, 2026. By the said letter, it was further stated that if the petitioner had executed any part of the development work pursuant to the tender notices dated January 13, 2025, the same would stand cancelled.

A plain reading of the said communication dated March 11, 2025 makes it evident that although certain allegations were levelled against the petitioner, no opportunity of hearing was afforded to him prior to the issuance of the said order.

Accordingly, the communication dated March 11, 2025, issued by the Udaipur Joynagar Gram Panchayat, cannot be sustained in law and is, therefore, set aside insofar as it restrains the petitioner from participating in any tender process till January 31, 2026.

It has been submitted before this Court that four other tenders have since been issued and executed by another contractor in place of those notified under the earlier tender notices dated January 13, 2025. In view of the same, no further relief can be granted to the petitioner at this stage in respect of the said four tenders floated on January 13, 2025.

Accordingly, WPA 13928 of 2025 stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities.

( Kausik Chanda, J. )