United Order & Supply Co- Operative Society Ltd. v. State Of West Bengal & ORS

12.04.2022 S/L No.58, 59 & 60 KS W.P.A. 10598 of 2021 With IA No. CAN 1 of 2021 Subir Ghosh -Vs.- The State of West Bengal & Ors.

+ W.P.A. 15840 of 2019 With IA No.CAN 1 of 2021 United Order & Supply Co-operative Society Limited -Vs.- The State of West Bengal & Ors.

+ W.P.A. 15842 of 2019 With IA No.CAN 1 of 2021 Nirmal Chakraborty Vs.

The State of West Bengal & Ors.

Mr. Saptansu Basu Mr. Swarup Paul Mr. Surya Maity Ms. Mrinalini Majumder .....For the Petitioner (W.P.A. 15840 of 2019 + W.P.A. No.15842 of 2019) Mr. Saptansu Basu Mr. Swarup Paul Mr. Surya Maity Ms. Mrinalini Majumder .....For the Respondent nos.7 & 8 (W.P.A. 10598 of 2021) Mr. Samrat Sen Mr. Amitava Mitra .....For the State It is submitted that the petitioner seeks finalization of a tender process that was the subject matter of W.P.A. 15840 of 2019 and W.P.A. 15842 of 2019.

This Court notes that the said tender was issued in the year 2019 for a period of two years. The said two years interrupted the tender process which expires in the next two months. Having considered the entire gamut of facts and circumstances in this case, this Court is of the view that no useful purpose would be served in directing the tender process to be completed at this stage when only two months are left for anybody to work thereunder. The existing supplier is continuing to supply cooked diet to the hospitals advertised. Therefore, the tender process of the year 2019 and being the subject matter of W.P.A. 15840 of 2019 and W.P.A. 15842 of 2019 is directed to be shelved.

The respondents shall be at liberty to call for fresh tenders for the entire district of Nadia for the period commencing from June, 2022 till finalization of the tender process. Therefore, in the currently operational tender, the existing supplier shall continue to the requisite work. With the above directions, all the writ petitions being, W.P.A. 10598 of 2021, W.P.A. 15840 of 2019 and W.P.A. 15842 of 2019 stand disposed of.

In view of the above, all connected interim applications are also disposed of.

Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Rajasekhar Mantha, J.)