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Calcutta High Court

Malda Bsnl Combined Contractors' ... vs Union Of India & Ors on 4 March, 2009

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                                 WP No. 155 of 2009
                           IN THE HIGH COURT AT CALCUTTA
                         Constitutional Writ Jurisdiction




      MALDA BSNL COMBINED CONTRACTORS' WELFARE ASSOCIATION & ANR.

                                           Versus

                                UNION OF INDIA & ORS.


For Petitioner : Mr. S. N. Mitra, Mr. Arindam Mukherjee, Advs.



BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 4th March, 2009.


         The   Court     :    The   writ   petitioners      have   challenged       a    procedure

adopted by the respondents following the issuance of a notice inviting

tender dated January 22, 2009.

On bahalf of Bharat Sanchar Nigam Limited (BSNL) it is submitted that a letter of intent/advance work order for construction of Pole-less Network under Malda SSA has been awarded to M/s. ITI Ltd., 22, C.R.Avenue, Kolkata - 700 072 and M/s. ECIL (Telecom Division), Apeejay House, 15, Park Street, Kolkata - 16.

In view of such submission made on behalf of the respondent authorities, no interim order is called for. Affidavit-in-opposition be filed within three weeks from date. Affidavit-in-reply thereto, if any, be filed within two weeks thereafter. The matter will appear for hearing before the appropriate Bench in the monthly list of May 2009.

The petitioners submit that no work order has been issued and point out that the letter dated February 23, 2009 which has been made over to 2 Court by the respondent authorities is merely a letter of intent/advance work order.

Let the copy of the letter of February 23, 2009 and the copies of letters of acceptance said to have been issued by the successful bidders be kept with the papers.

Further steps in the matter may be taken by the BSNL authorities but the same would abide by the result of the writ petition.

Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(SANJIB BANERJEE, J.) Kc.

Astt. Regr. (Ct. Recording)