( 1 ) IN this matter, parties have been heard at length and with the consent of the parties, we have treated this appeal on day's list and both the appeal and the stay application are decided by the following judgement:

( 2 ) THIS appeal is directed against an order dated May 20, 2004 passed by a learned Judge of the Writ Court dismissing the writ petition summarily without calling for any affidavit.

( 3 ) IN fact, two writ petitions were filed. The first one was filed by the petitioner in the month of April, 2004 and is still pending. Both the writ petitions were filed in connection with disputes arising out of a tender notice issued by the howrah Municipal Corporation (HMC) inviting tender for grant of parking fee licence by HMC in respect of I. C. Bose Road and also the road in front of Ashoka hotel. An advertisement was published in two Bengali dailies i. e. "ganashakti" and "aajkal" on January 14, 2004 inviting tenders for grant of licence in front of those roads for a period of three years. The annual reserve price was fixed at rs. 30 lakhs.

( 4 ) VARIOUS tender conditions were stipulated by the HMC and of those conditions the one which is relevant f