M/S Kusum Enterprise v. State Of West Bengal And ORS.

25th August,2025 In the High Court at Calcutta Item No.D/L 12 Court No. 14 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 19554 of 2025 In the matter of :

M/S. Kusum Enterprise .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner :

Mr. Sk. Sahjahan ....Advocates For the State :

Mr. Jahar Lal De, Ld. AGP Mr. Sourav Chowdhury ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The matter relates to a tender process floated by the Patashpur-II Panchayat Samity.

3. The petitioner was a participant in the said tender process.

4. Allegation is that the L1 bidder does not possess the requisite eligibility criteria to participate in the tender process. Three months' GST return which was required to be submitted was not filed by the applicant.

5. The petitioner raised objection on 17th July, 2025 and alleges that the same has not been considered till date.

6. It has been brought to the notice of Court that the financial bid was opened in July, 2025 but the work order is yet to be issued.

7. Without entering into the merits of the allegation raised by the petitioner, as the very issue of eligibility of the

successful bidder has been questioned, accordingly, the instant writ petition is disposed of by directing the Block Development Officer, Patashpur-II Block being the respondent no. 6 herein to consider and dispose of the objection filed by the petitioner on 17th July, 2025 strictly in accordance with the Notice Inviting Tender at the earliest but positively within a period of seven days from the date of communication of this order.

8. The aforesaid respondent shall verify the documents of the successful bidder and if the allegation of the petitioner appears to be proper, then necessary remedial measures shall be taken.

9. A reasoned order shall be passed by the aforesaid respondent and communicated to the petitioner immediately thereafter.

10. Learned advocate for the petitioner is directed to forward a copy of the objection dated 17th July, 2025 to the aforesaid respondent at the time of communicating the order of the Court.

11. The writ petition stands disposed of.

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

(Amrita Sinha, J.)