Abdul Majid Ansary vs The State Of West Bengal & Others
2023 Latest Caselaw 3030 Cal

28.04.2023
Item No.5.
Court No.6.
   AB
                                  M.A.T. 270 of 2023
                                         With
                                  I A CAN 1 of 2023

                              Abdul Majid Ansary
                                      Vs
                       The State of West Bengal & Others

                    Mr. Falguni Bandopadhyay,
                    Ms. Riya Ballav       ...for the Appellant.

                    Mr. Jahar Lal De,
                    Mr. Shamim Ul Bari        .....for the State.


                    By consent of the parties, the appeal and the

              application are taken up for hearing together.

                    Affidavit of Service filed in Court today, be kept

              with the records.

                    A judgment and order dated February 7, 2023,

              whereby the appellant's writ petition, being WPA

              25804 of 2022, was disposed of, is the subject matter

              of challenge in this appeal.

                    The Golamara Gram Panchayet issued a Notice

              Inviting Tender dated June 7, 2022, for supply of solar

              pumps. The appellant put in his offer. Several other

              local contractors also put in their bids. The last date

              for putting in bids was June 20, 2022.

                    It appears that the other contractors made a

              complaint to the Panchayet and also the concerned

              Block Development Officer that between June 7, 2022

              and June 20, 2022, the appellant/writ petitioner was
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nowhere near Golamara. He was out of West Bengal

for treatment. He could not have personally submitted

his bids nor did he authorize anybody to submit his

offer on his behalf.

      A member of the Gram Panchayet of Baghra-II

Sansad made an enquiry. The concerned Block

Development Officer filed a report on the basis of such

enquiry. The allegation of the absence of the appellant

were found to be somewhat true.         Accordingly, the

tender process was cancelled although the appellant

had been found to be the L-1 tenderer. Being

aggrieved, the appellant approached the learned Single

Judge.

      The learned Single Judge, by the impugned

order, disposed of the writ petition by refusing to

interfere with the cancellation of the tender process

and by granting liberty to the appellant/writ petitioner

to participate in any fresh tender process that may be

initiated by the concerned Authority. Being aggrieved,

the writ petitioner is before us by way of this appeal.

      We have heard learned Counsel for the appellant

and learned Counsel for the State.

      The Panchayet is not represented in spite of

service.

      The appellant is aggrieved that without granting

him an opportunity of hearing, the tender process has

been cancelled on the basis that he was not physically
                              3




present in the State of West Bengal during the period

of submission of bids.

      We are of the view that the appellant may have

some legitimate reason to be aggrieved. Principles of

natural justice required the authorities to give him an

opportunity of hearing before coming to a finding of

fact, which would have adverse consequences for him.

      Accordingly, without saying anything further, we

direct the Artha-O-Parikalpana Upa Samiti of the

concerned Panchayet to afford an opportunity of

hearing to the appellant and any other concerned

party and arrive at a fresh decision as regards the

cancellation of the tender process in question. The Upa

Samiti will take a reasoned decision in accordance

with law within a period of four weeks from the date of

communication of this order by the appellant.

      We make it clear that we have not gone into the

merits of the case at all. The Upa Samiti shall decide

the issue afresh without being influenced by anything

in this order.

      If the Upa Samiti comes to a considered decision

that indeed, there was irregularity on the part of the

appellant and he could not have submitted the bid in

question, the cancellation of the tender shall hold

good. In that event, the concerned Authorities will be

at liberty to initiate fresh tender process in which the

appellant will also be entitled to participate.
                             4




      Till a fresh decision is taken in the matter, no

fresh tender will be issued. The appellant must extend

full cooperation to the members of the Upa Samiti and

must be personally present before the Upa Samiti as

and when so required.

      Since we have not called for affidavits, the

allegations in the stay application are deemed not to

be admitted by the respondents.

MAT No.270 of 2023 stands disposed of along

with IA CAN 1 of 2023.

Urgent photostat certified copy of this order, if

applied for, be supplied expeditiously after compliance

with all the necessary formalities.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)