M/S Aktar Construction And ORS v. State Of West Bengal And ORS.
25.11.2022 Sl. No.6(DL) srm W.P.A. No. 25635 of 2022 M/s. Aktar Construction & Ors.
Versus
State of West Bengal & Ors.
Mr. Tilak Mitra, Md. Safiur Rahaman, Mr. Sourav Paul ....for the Petitioners.
Mr. Tarun Kumar Ghosh, Mr. Benazir Ahmed ...for the State-respondents.
In compliance of the order dated November 23, 2022, the Block Development Officer, Ratua-I Block, Malda has filed a composite report. The same is taken on record. It appears that the District Engineer, Malda Zilla Parishad has confirmed by a letter dated November 24, 2022 that the completion certificate with regard to the work done by the selected candidate had been issued by the District Engineer on October 17, 2022.
The allegation was that the completion certificate was not genuine and the eligibility of the said respondent No.10 should not have been based on such certificate. The challenge in the writ petition with regard to the eligibility of the respondent No.10 does not survive as the
only contention of the petitioners was that the certificate issued by the District Engineer, Malda Zilla Parishad was not authentic and the respondent No.10 had not completed the work, which was mentioned in the said certificate. The other challenge was with regard to the lack of wide publicity of the Notice Inviting e-Tender. The Block Development Officer has answered the same. It is submitted that the publication was made in terms of the Memorandum dated August 10, 2020 issued by the Government of West Bengal, Finance Department, Audit Branch (Group T). As per the estimated value of the works in the Notice Inviting eTender, the publication had been made. In any event, the petitioners were aware of the etender and had participated. Thus, at this stage when the petitioners were unsuccessful, the allegation with regard to the lack of wide publicity need not be gone into. The writ petition is, thus, disposed of without any orders.
There shall be no order as to costs.
Parties are to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)