Calcutta High Court (Appellete Side)
National Consumers Cooperative Store ... vs The State Of West Bengal & Ors on 12 November, 2024
Author: Amrita Sinha
Bench: Amrita Sinha
D/L 21
12.11.2024
Court No.14
PRADIP
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 25371 of 2024
National Consumers Cooperative Store Ltd.
Vs.
The State of West Bengal & Ors.
Mr. Anindya Lahiri
Mr. Arkadipta Sengupta
Mr. Tirthankar Dey
Ms. Aayushi Mukherjee
Mr. Anish Chakraborty
... for the Petitioner.
Ms. Sujata Mukherjee
... for the State.
1.The petitioner is aggrieved by the validity period mentioned in the notice inviting e-tender dated 26th September, 2024 fixing one year time limit for the agreement.
2. The petitioner submits that the time period in respect of similar nature of work in other districts in respect of the same scheme is three years. The authority in the District of Murshidabad has restricted the supply period only for a period of one year from the date of agreement. Discrimination has been alleged.
3. Whether the bidder has any say in stipulating the terms and conditions of a tender including fixing up the validity period of the agreement is to be decided. The petitioner has already taken part in the tender process. The technical bid is yet to be opened.
4. The issue has to be decided upon exchange of affidavits.
5. Let affidavit-in-opposition be filed within a period of four weeks. Reply, if any, be filed within a fortnight thereafter.
6. Liberty to mention for inclusion in the list for hearing after completion of affidavits.
2
7. Pendency of the writ petition will not stand in the way of the tendering authority to proceed with the tender process and to enter into agreement with the successful bidder.
(Amrita Sinha, J.)