Overseas Infrastructure Proprietorship Firm And ANR v. The Kolkata Municipal Corporation And ORS.
11.04.2025 Item No.03 Court No.551 Avijit Mitra WPA 28730 of 2024 Overseas Infrastructure Proprietorship Firm & anr. - Versus - The Kolkata Municipal Corporation & ors.
Mr. Anirban Mitra, Mr. Amit Halder, ...for the petitioners Mr. Alak Kumar Ghosh, Mr. Arijit Dey ...for the Kolkata Municipal Corporation The matter has been placed under the heading 'To Be Mentioned' inasmuch as it was brought to the notice of this Court that the date mentioned in the order dated April 07, 2025 has been wrongly mentioned as "07.04.2024". Since the order was passed on 07.04.2025 and not on "07.04.2024 "therefore the date of the earlier order should be corrected by incorporating "07.04.2025"as the date of the order instead of the incorrect date being "07.04.2024". The other part of the said order shall remain unchanged.
Office is directed to effect necessary corrections. The writ petitioners are aggrieved by the unreasoned rejection of the petitioners' bid in respect of the work of Rejuvenation of water body named as Ukilbheri, Ward No.57, BR-VII.
The petitioner submits that the petitioners were communicated about the rejection of the petitioners' bid by
a message through Whatsapp on August 22, 2024 (page 71 of the writ petition).
The petitioners further submit that despite a letter dated August 26, 2024 being issued by the petitioners to the Respondent Municipal Authorities, no response thereto has been given to the petitioners by the Respondent Municipal Authorities.
Mr. Ghosh, learned advocate appearing for the Kolkata Municipal Corporation submits that the communication of the rejection of the petitioners' bid was not only made through Whatsapp but also by way of email and by publication thereof on the official website of the Kolkata Municipal Corporation.
He further submits that it is not clear as to whether the letter dated August 06, 2024 was ever served upon the respondent municipal Corporation.
However, in view of the nature of the grievance expressed by the petitioners before this Court there appears to be no need to keep the writ petition pending. Accordingly, the writ petition being WPA 28730 of 2024 is disposed of by directing that the appropriate authority of the Environmental Heritage Department of the Kolkata Municipal Corporation shall take a decision on the petitioners' representation dated August 26, 2024 which forms Annexure 'P-10' to the writ petition at page 73 thereof.
The said authority shall dispose of the said representation by supplying the reasons behind the rejection of the petitioners' bid as communicated to the petitioners on August 22, 2024.
In case the appropriate authority finds that certain information sought for by the petitioners in the said representation dated August 26, 2024 cannot be given to the petitioners, the said authority shall give reasons for such non-supply of information.
The entire exercise shall be completed within a period of three weeks from date.
With the aforesaid observations the writ petition being WPA 28730 of 2024 stands disposed of.
There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Om Narayan Rai, J.)