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

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/50/2025 E. K. Mohammed Ali Vs.

The Lt. Governor, A and N Islands and Others Mr. Veedur Narayan ... for the appellant Mr. Rakesh Kumar ... for the respondents February 19, 2026 [SR] Item No.17 The appeal is at the behest of the writ petitioner and directed against the order dated September 24, 2025 passed in WPA/449/2025.

By the Impugned order, learned Single Judge disposed of the writ petition of the appellant, after finding that, the Municipal Council proceeded with open tender with the petitioner participating in the same. Appellant ultimately emerged as the highest bidder. Learned Single Judge held that, there was no impediment on the part of the municipal council to proceed with the tender process and conclude the same in accordance with law. The writ petition was disposed of. Coordinate Bench, called for a report from the municipal Council.

Learned counsel appearing for the municipal council produces such records in term of the order dated January 30, 2026 of the Coordinate Bench.

It appears from the records that, the appellant, was holding a licence to operate a restaurant at a property belonging

to the municipal council. The appellant operated such restaurant for two tranches of 15 years each. Municipal council decided to undertake a tender process for the purpose of allotment of such restaurant, on the expiry of the last tranches of 15 years. A tender was floated in this regard. Appellant assailed the same in the writ court. Writ court granted permission to the appellant to participate in the tender process. Appellant participated in such tender. Appellant became the highest bidder in such tender process.

Upon the appellant becoming the highest bidder, the appellant paid the licence fee as required. Municipal Council took a resolution on September 09, 2025.

The tender was floated with the approval of the competent authority as will appear from the writing dated August 04, 2025. Therefore, the question of the tender process not being approved by the competent authority does not arise. Moreover, the appellant participated in the tender process, became the highest bidder and paid the lease rental also.

In such circumstances, we find no merit in the present appeal.

MAT/50/2025 is dismissed, without any order as to costs.

(Debangsu Basak, J.) (Ajay Kumar Gupta, J.)