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2024 Supreme(Cal) 356

SABYASACHI BHATTACHARYYA
Excel Vincom Private Limited – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajarshi Dutta, Mr. Neelesh Choudhury, Mr. Shounak Mukhopadhyay, Ms. Anuradha Poddar
For the Respondents: Mr. Biswajit Deb, Ld. A.G. of Mizoram, Mr. Sudip Kumar, Mr. Sayan Dev Kumar.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The writ petitioner participated in a public tender floated on July 10, 2023 by the respondent no.1, the State of Mizoram. The said tender was for sale of a plot of land belonging to the Government of Mizoram situated at 24, Ashutosh Chowdhury Avenue, Ballygunge, Kolkata - 700019.

2. The petitioners came out successful, being declared the highest bidder on July 19, 2023. Its bid was accepted on the very next date, that is on July 20, 2023.

3. A Letter of Intent was issued in favour of the petitioners on August 4, 2023. Subsequently, an unregistered agreement for sale was executed in favour of the petitioners on October 6, 2023.

4. A draft sale-deed was prepared and the petitioner was directed to proceed on October 31, 2023. A Letter of Award was issued on December 1,2023. The petitioners paid the full amount of consideration, along with delay interest in terms of Clause 5.6 of the agreement on December 7, 2023.

5. Subsequently, upon the petitioner making full payment, the respondent no.1, on December 8, 2023, intimated the petitioners that the latter would hear from the respondent no. 1 soon on the execution of sale deed and matters regard

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