Calcutta High Court (Appellete Side)
Ajoy Kumar Saha vs Union Of India & Ors on 21 July, 2015
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 21.07.2015 Sl. No.38 ad W.P 32722(W) of 2014 Ajoy Kumar Saha vs. Union of India & Ors.
Mr. Amit Pan, Mr. Sandip Ghose ......... For the petitioner The writ petition was filed assailing a condition in the tender notice no.03E-Tender/2014/15 dated 27.11.2014 as follows:-
"In case of west Bengal Region, contractor can participate on the basis of their required work experience in West Bengal Region as per NIT in view of Memo No.71/SPW/2014 dated 3.3.2014 issued by Government of West Bengal.
Relaxation are made available to the contractors only registered with State PWD Deptt. As per their earlier enlistment."
The petitioner is aggrieved by the aforesaid condition inasmuch as it is claimed by him that enlistment of contractors of the State PWD Department had been abolished vide Memo dated 3rd March, 2014 and, therefore, it was illegal to permit relaxation to register contractors only.
I find that the tender process is complete and the work order has already been awarded. The successful tenderer has also not been made a party in the said proceeding. Accordingly, I am of 2 the opinion that the issue has become academic. Accordingly, the writ petition is dismissed as infructuous.
Mr. Pan, learned counsel, appearing for the petitioner submits that liberty be reserved in favour of the petitioner in the event similar clause is incorporated in a subsequent tender notice.
Such liberty is granted to the petitioner to assail the impugned clause in a subsequent tender notice in accordance with law, if so advised.
(Joymalya Bagchi, J.),