Calcutta High Court (Appellete Side)
Sk. Amanullah vs Union Of India & Ors on 1 July, 2019
Author: Debangsu Basak
Bench: Debangsu Basak
01.07.2019 Item No.53 Ct. No.08 Saswata W.P. 6374 (W) of 2019 Sk. Amanullah
-vs-
Union of India & Ors.
Mr. Siddhartha Ghosh Roy Mr. Shamit Sanyal ... For the petitioners Mr. Souma Subhra Ray ... For Union of India Mr. Puspendu Chakraborty Mr. Debabrata Sen ... For BPCL Affidavits filed today, be taken on record. The petitioner seeks a direction upon the oil company to issue the Letter of Intent appointing the petitioner as LPG distributor in Kotebari Mouza Purba Medinipur.
Learned advocate appearing for the oil company submits that the advertisement was for the purpose of appointment of LPG distributor at various locations including Kotebari. It was subsequently found that there was no Mouza in the name and style of Kotebari. Therefore, the Oil Company cancelled the tender process.
It appears from the record that the petitioner had participated in the tender process for appointment of LPG distributorship at Kotebari. Oil company subsequently discovered that the mouza is named as Kotebarh and not Kotebari. Consequently, the Oil Company cancelled the tender process.
In the facts of the present case, the Oil Company having undertaken the tender process by inviting the public at large to participate at Kotebari and after having found the incorrectness therein, sought to rectify the name by cancelling the tender process. Public at large were called upon to participate in the tender process at Kotebari. In the event, the tender process is allowed to take place, public at large will not be informed that the oil company essentially wants to appoint a LPG distributor at Kotebarh rather than Kotebari. Therefore, the action of the Oil Company in cancelling such tender process cannot be faulted.
WP 6374(W) of 2019 is accordingly dismissed. There will no order as to cost.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities. (Debangsu Basak, J.)