Maa Kamakkha Co Operative Labour Contract And Construction Society Ltd And ANR v. State Of West Bengal And ORS.

24.09.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 22908 of 2025 Maa Kamakkha Co-operative Labour Contract & Construction Society Ltd. & Anr.

-versus State of West Bengal & Ors.

Mr. Soumya Ray, Mr. Ashok Halder, Ms. Reshmi Mukherjee, Mr. Pramit Panda.

...For the Petitioners.

Mr. Arkadipta Sengupta.

...For the State.

1.

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

2.

The petitioners participated in a tender floated by the Executive Engineer, Balurghat Division, Public Health Engineering Directorate being Memo No. 845/BD dated 21st April, 2025.

3.

The petitioners qualified in the technical bid and emerged as L2 bidder in the financial bid. 4.

The petitioners filed objection against the L1 bidder before the authority questioning its eligibility in participating in the tender process. The same is reported to be pending consideration.

5.

The financial bid was opened on 15th September, 2025. The tender process is yet to be finally concluded.

6.

It has been submitted that work order has not yet been issued.

7.

Prayer has been made to direct the authority to consider the objection filed by the petitioners prior to issuance of the work order.

8.

Learned advocate appearing on behalf of the State respondents is yet to receive instruction in the matter.

9.

The private respondent, that is, the L1 bidder is not represented in Court today.

10. Without entering into the merit of the objection of the petitioners at this stage, the instant writ petition is disposed of by directing the Executive Engineer, Balurghat Division, Public Health Engineering Directorate being the respondent no.4 herein to take into consideration the objection filed by the petitioners on 19th June, 2025 followed by the legal representation dated 12th September, 2025 after giving reasonable opportunity of hearing to the petitioners and all other necessary parties including the L1 bidder.

11. A reasoned order shall be passed and communicated to all the necessary parties.

12. In the event the allegation of the petitioners appears to be proper, then necessary remedial steps shall be taken.

13. It is expected that the Executive Engineer shall take steps in the matter at the earliest but positively prior to issuance of the work order, if not issued already.

14. The writ petition stands disposed of.

15. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

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

( Amrita Sinha, J.)