Gd/Ssd Mir Abu Zar vs The State Of West Bengal And Ors
2022 Latest Caselaw 8363 Cal

6   15.12.2022
                                 MAT/1951/2022
                               IA NO: CAN/1/2022
    gd/ssd                        MIR ABU ZAR
                                       VS
                       THE STATE OF WEST BENGAL AND ORS.


                       Mr. Tapas Kr Ghosh,
                       Mr. Tanmay Chowdhury
                                 ..for the Appellant.

                       Mr. Nilotpal Chatterjee,
                       Ms. Amrita Panja Mallick
                                  ..for the State.



                       By this intra court appeal the appellant (writ

                 petitioner) has challenged the order of the learned

                 Single Judge dated 6th December, 2022 passed in WPA

                 26834 of 2022 dismissing the petition without any

                 order as to costs.

                       The appellant had approached the writ court with

                 the plea that the Notice Inviting Electronic Tender

                 (NIET)-2022 dated 17.10.2022 was published by the

                 concerned respondent and the appellant had submitted

the bid and also uploaded the scanned copy of the

demand draft as per NIET condition whereas the other

bidders though had submitted the scanned copy of the

demand drafts but they did not submit the demand

drafts in original appearing before the office in physical.

The first NIET dated 17.10.2022 was cancelled and

thereafter the second NIET dated 24.11.2022 was

issued wherein the requirement of submitting the

scanned copy of the demand draft was omitted.

Before the learned Single Judge appellant had

raised the argument questioning the omission of

requirement of submission of scanned copy of the

demand draft in the second NIET.

Learned Single Judge has examined the same and

has rejected the writ petition.

Submission of learned counsel for the appellant

before this Court is that the appellant had duly

complied with the condition of submission of demand

draft in response to the first NIET dated 17.10.2022,

hence the contract should be awarded to the appellant.

Having examined the record, it is noticed that

admittedly the NIET dated 17.10.2022 has been

cancelled and the cancellation of the NIET has not been

challenged in the writ petition, therefore, appellant

cannot contend that he should be awarded the contract

in pursuance to the NIET which has already been

cancelled.

Even otherwise learned counsel for the State has

rightly relied upon the judgment of the Supreme Court

in the matter of Maa Binda Express Carrier and Another

v. North-East Frontier Railway and Others reported in

(2014) 3 SCC 760 wherein it has been held that

submission of tender in response to the NIET is no

more than making an offer which the State or its

agencies are under no obligation to accept. He has also

pointed out Clause 31 of the NIET dated 17.10.2022

which gives power to the tendering authority to cancel

the tender without assigning any reason.

In the aforesaid circumstances of the case, we are

of the opinion that the learned Single Judge has

committed no error in dismissing the writ petition.

Hence, no ground for interference in the present appeal

is made out. The appeal is accordingly dismissed.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj J.)

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