E.K. Mohammed Ali v. The Lt Governor, A And N Islands, Raj Niwas And ORS

CB 01 24.09.2025 d.p.

Calcutta High Court In the Circuit Bench at Port Blair Appellate Jurisdiction (From the Principal Bench) W.P.A No. 449 of 2025 E.K. Mohammed Ali -versus- The Lt. Governor, A&N Islands, Raj Niwas & Ors.

Mr. Surajit Samanta, Ms. Sohini Samanta.

...For the Petitioner.

Mr. Rakesh Kumar. (VC) ...For the Respondents.

1.

Report by the Port Blair Municipal Council filed before the Registry has been placed before this Court. 2.

It appears that the bid was conducted by the Municipal Council wherein the petitioner participated pursuant to the leave granted by the Court and emerged as the H1 bidder.

3.

Learned advocate appearing on behalf of the petitioner submits that the petitioner participated only because of the direction passed by the Court. 4.

According to the petitioner, the Municipal Council could not have proceeded with the fresh tender as the petitioner's term was unanimously extended by the resolution taken by the members of the Municipal Council. 5.

Learned advocate appearing on behalf of the Municipal Council submits that the decision taken by the members of the Council was not approved by the competent authority.

6.

The Court is of the opinion that as the Municipal Council was dealing with a public property, the Council certainly had to float an open tender to invite maximum participation for earning the highest revenue. The Council members could not have taken a decision to continue with the lease with the existing lessee. The other candidates who intend to compete in the bidding process ought to have been provided a fair chance to place their bids. 7.

In the instant case, the Council proceeded with the open tender and the petitioner participated in the same, however, under order of Court, but ultimately emerged as the H1 bidder.

8.

At this stage, there appears to be no impediment on the part of the Municipal Council to proceed with the tender process and conclude the same in accordance with law.

9.

The writ petition stands disposed of.

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

11. Certified copy of this order, if applied for, shall be made available to the parties.

( Amrita Sinha, J )