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Calcutta High CourtWPA/462/2023disposed

Shri Sanjay Kumar Singh v. The Hon'Ble Lieutenant Governor And ORS.

2024-11-06Hon'Ble Justice Rajasekhar Mantha2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/462/2023 Shri Sanjay Kumar Singh Vs The Hon'ble Lieutenant Governor and others Ms. Anjili Nag ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 6, 2024 [SR] Item No.16 1.

The petitioner is aggrieved that he has been banned for a period of two years from participating in tenders for supply of materials to the Andaman Public Works Department (APWD) for no fault of his.

2.

The petitioner participated in a tender process and supplied materials to the APWD vide contract in the year 2005. He was prevented from setting up the iron pillars by the Port Blair Municipal Council (PBMC) in view of the dispute between the Council and the APWD.

3.

The APWD completed the contract by setting up the pillars on their own and the contractor for setting up the sign boards also completed his works.

4.

Vigilance cases arose against the officials of the PBMC and the APWD whereby and whereunder the writ petitioner was restrained from participating in any tender with the APWD for a period of two years from 15th December, 2022.

5.

Having regard to the facts and circumstances, this Court is of the view that the petition may have become rather academic since the ban is ending within a month's time. 6.

In the interest of justice and in exercise of inherent power under Article 226 of the Constitution of India, this Court directs that the ban on the petitioner from participating in any tenders floated by the APWD shall end today.

7.

The petitioner shall be entitled to participate in all tenders of the APWD from tomorrow (07.11.2024). 8.

Let a copy of this order be communicated to the Chief Engineer, APWD forthwith by the parties.

9.

With the above observation, the writ petition is allowed and disposed of.

10.

There shall be no order as to costs.

11.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. )