ORDER :

1. Heard learned Counsel for the parties. Leave granted.

2. The Howrah Improvement Trust [for short 'the HIT'] invited tenders for purchase of commercial plots and plot for institutional purposes in Gulabi area of Howrah under HIT Scheme No. XI and stipulated therein that the plots would be sold on 'as is where is basis' to the highest bidder in the notice inviting tenders. However, it was stated that tender particulars including terms and conditions may be asserted and plans can be seen from the office of the Chief Valuer of the HIT. Pursuant to the notice inviting tenders, the Appellant submitted tender for purchase of the commercial land at the rate of Rs. 6,40,000/- per katta which was found to be the highest tender. The HIT, accordingly, informed the Appellant by a communication dated 7th June, 2001 to the Appellant that his offer was the highest and has been accepted by the HIT. By the said communication dated 7th June, 2001 the Appellant was informed that it has been decided by the HIT to undertake joint measurement with the Appellant on 15th June, 2001 at 12:00 hours in order to ascertain the actual quantum of land to be transferred in favour of the Appellant as per t