JUDGMENT :

PRAKASH SHRIVASTAVA, J.

1. These appeals are directed against the common order dated 12.04.2022 whereby learned Single Judge has disposed of W.P.A. 10598 of 2021, W.P.A. 15840 of 2019 and W.P.A. 15842 of 2019 on reaching to the conclusion that only two months were left for anybody to work under the NIT, therefore, no purpose would be served in directing the tender process to be completed. Appellant was the petitioner in W.P.A. 10598 of 2021 and is stated to be the respondent in other two petitions.

2. Facts in nutshell are that the appellant and other petitioners had submitted bid in response to the Notice Inviting e-Tender dated 8th of March, 2019 for providing supply of cooked diet for indoor patients admitted to the health facilities mentioned therein for a period of three years. The closing date for online bid submission was 01.04.2019. According to the appellant, he had participated in the tender process in respect of the hospitals i.e. (i) District Hospital, Nadia, (ii) Ranaghat S.D. Hospital, (iii) Thetta S.D. Hospital, (iv) Chakdaha S.G. Hospital, (v) Santipur S.G. Hospital, (vi) Nabadwip S.G. Hospital, (vii) Dr. B.C. Roy Chest Sanatorium and (viii) Netaji Subhas Sanatorium. For some of the hospitals, more than one bidder had quoted same rates, therefore, the circular dated 13.01.2020 was issued for holding the draw of lots on 15.01.2020. According to the petitioner, in the draw of lots, he was found to be L1. Meanwhile, in W.P. 296(W) of 2020 the interim order dated 15th of January, 2020 was passed restraining the respondents from publishing the results of any lottery, held in the meantime as a part of the tender process, till January 21, 2020 or until further order, whichever was earlier. Thereafter, W.P. 296(W) of 2020 was heard along with W.P. 15842(W) of 2019 and W.P. 15840(W) of 2019 and learned Single Judge by order dated 2nd of March, 2020 had extended the interim order till 15th of April, 2020. Against the interlocutory order dated 15.01.2022 passed by the Single Judge, F.M.A. 910 of 2020 was preferred and the Division Bench by order dated 06.10.2020 had set aside the order dated 15th of January, 2020. The Division Bench had clearly ordered that nothing in the order of the Division Bench will be construed to be an approval of the terms and conditions of the tender document and in an appropriate challenge, the same may be considered in accordance with law. The W.P.A. 15842 of 2019 and W.P.A. 15840 of 2019 were subsequently tagged with W.P.A. 10598 of 2021 and have been decided by the impugned common order.

3. In W.P.A. 10598 of 2021, the appellant had raised the plea that the respondent Nos. 7 and 8 were not eligible participant in the process and the appellant being eligible was required to be issued work order and, therefore, a prayer in this regard was made.

4. Learned Single Judge has reached to the conclusion that only two months were left for working in terms of the contract under the NIT, therefore, no purpose would be served in directing the tender process to be completed. Thus, the petitions have been disposed of granting liberty to the official respondents to call for fresh tender for the entire district of Nadia and also permitting the currently operational tender of the existing supplier to continue in the meanwhile.

5. Submission of the learned Counsel for the appellant is that the appellant has been found to be L1 in the lottery, therefore, he is entitled for award of the contract. He has further submitted that period three years was to commence from the date of notification of the award of contract, therefore, learned Single Judge is not justified in holding that the three years period is over. He has also submitted that meanwhile fresh NIT has been issued, therefore, CAN 2 of 2023 has been filed seeking liberty to participate in the fresh tender without prejudice to his right and claim in the present appeal.

6. Learned Counsel for the State has opposed the appeal by submitting that period th