Octavius Plantations Limited & Anr vs Shyama Prasad Mookherjee Port & Ors
2024 Latest Caselaw 3136 Cal/2

Calcutta High Court

Octavius Plantations Limited & Anr vs Shyama Prasad Mookherjee Port & Ors on 4 November, 2024

Author: Amrita Sinha

Bench: Amrita Sinha

O-5

                             WPO No. 960 of 2024
                   IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE


                        OCTAVIUS PLANTATIONS LIMITED & ANR.
                                   VS
                       SHYAMA PRASAD MOOKHERJEE PORT & ORS.

BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date : 4th November, 2024.
                                                                      Appearance:
                                                      Mr. Abhrajit Mitra, Sr. Adv.
                                                       Mr. Nilay Sengupta, Adv.
                                                         Mr. Ankit Agarwal, Adv.
                                                         Mr. Sujit Banerjee, Adv.
                                                        ...for the Petitioners.

                                                        Mr. Subhankar Nag, Adv.
                                                         Mr. Subhashis Sen, Adv.
                                                     Mr. Abhishek Banerjee, Adv.
                                                              ...for the Port Trust.

                                                   Mr. Sudhir Kumar Mehta, Adv.
                                                        Mr. Anurag Bagaria, Adv.
                                                       ...for the Respondent no.6.

The Court:- The matter relates to a tender floated by the Shyama

Prasad Mookherjee Port in the year 2023/2024. The petitioners allege

that the floating of tender and any steps taken pursuant thereto are

arbitrary and liable to be set aside. The highest bidder in the said tender

has already been handed over possession of the subject plot of land.

After hearing the parties, it appears that there is no scope of

passing any interim order in this matter at this stage. The port authority

is directed to file a report by way of affidavit disclosing all facts and

figures, especially mentioning the requirement for floating fresh tender

and the steps taken for conducting fresh tender after judgment was

passed by the Court on 28th February, 2023 in WPA No.25193 of 2015

with IA No. CAN 1 of 2021 with CAN 2 of 2022 (L.M.J. Construction

Private Limited and Anr. Vs. The Board of Trustees for the Port of

Kolkata and Ors.).

Let such report be prepared and circulated by 20 th November,

2024. Reply, if any, be filed by 29 th November, 2024.

List the matter on 2nd December, 2024.

Supplementary affidavit filed by the petitioners in Court today is

taken on record.

The issue of locus standi of the petitioners to move the writ

petition as raised by the port authority is left open to be decided at the

time of final hearing of the writ petition.

It will be open for the private respondent to file affidavit-in-

opposition within the time specified hereinabove disclosing all

documents leading to issuance of the letter of allotment in its favour.

Affidavit of service filed in Court today is taken on record.

(AMRITA SINHA, J.)

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