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

W.P.A 8084 of 2020 Court No. 24 04.02.2021 M/S. Mujlema Enterprise vs The State of West Bengal & Ors.

(Item No. 114) (AB) Mr. Kingsuk Mondal ...for the Petitioner The petitioner alleges that the private respondent M/S. Samsul Alam Construction, proprietor Samsul Alam of Ghasipur, Daulatabad, Murshidabad has obtained work order in response to a tender which was floated by the Daulatabad Gram Panchayat relying upon fake credentials.

The specific stand of the petitioner is that the certificate issued in favour of the private respondent annexed at pages 19 and 20 of the writ petition are fake documents relying upon which the private respondents obtained the work order.

The petitioner made a representation before the concerned officer of the respondent authorities by letter dated 28.09.2020 followed by representation given by his learned advocate dated 01.10.2020.

The petitioner alleges that none of the representations have been considered by the respondent authority till date.

None appears on behalf of the respondent despite service.

As it appears that the objection filed by the petitioner is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending. The writ petition is accordingly disposed of by directing the respondent No. 5 herein being the Prodhan, Daulatabad Gram Panchayat to take prompt and necessary steps for consideration of the representation made by the petitioner, strictly in accordance with law, within a period of ten weeks from the date of communication of a copy of this order, after giving an opportunity of hearing to all the parties including the private respondents herein.

The said respondent shall pass a reasoned order and communicate the same to the petitioner and all other necessary parties immediately thereafter.

It is made clear that this Court has not gone into the merits of the claim of the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representations dated 28.09.2020 and

01.10.2020 to the respondent No. 5 at the time of communication of this order.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J.)