JUDGMENT :

(Moushumi Bhattacharya, J.)

1. The petitioner claims to be a contractor engaged by the Kolkata Metropolitan Development Authority (KMDA) as the successful bidder in a tender floated by the KMDA for regular maintenance of the Beliaghata and Swabhumi underpasses including proper upkeep of the said underpasses. The petitioner has challenged an order dated 7.2.2023 passed by the Chief Engineer – II (Bridge), KMDA by which the KMDA cancelled the tender awarded to the petitioner and the petitioner seeks quashing of the same.

2. The petitioner, through learned counsel, says that the impugned action of cancellation is arbitrary and could not have been done in the face of a concluded contract between the parties. Counsel submits that the impugned cancellation has affected the petitioner’s rights under Article 19(1)(g) of The Constitution of India and that the ground for cancellation is de hors the clauses of the contract. It is further submitted that the petitioner was not given a hearing before the impugned decision thereby amounting to a breach of the principles of natural justice. Counsel submits that the petitioner has undertaken a substantial amount of work in erecting Unipo