Back
SHAMPA SARKAR
Ajit Karmakar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA SARKAR J.
1. These two writ petitions were heard analogously as similar questions were involved between the same parties.
2. Pursuant to an advertisement published by Lodna Gram Panchayat in the Bartaman and Business Standard Newspaper on June 30, 2021, inviting applications from the public to participate in a tendering process for collection of tolls from vehicles plying between Metedanga and Lodna More Road, the petitioner entered his bid. The bid price was fixed at Rs.14,60,000/-. The conditions mentioned in the tender notice were as follows:
(ii) The participants had to submit their bids in sealed covers.
(iii) Earnest money of Rs.20,000/- has to be deposited.
(iv) The price of the Tender form was Rs.1500/- non-refundable.
(v) The last date for submission of the tender through sealed cover was July 16, 2021 upto 1.00 p.m.
(vi) The date of opening of the tender was July 16, 2021, at 2 p.m.
3. The petitioner, as the highest bidder was selected. Such selection was for a period of three years. On July 19, 2021, the Pradhan of the Gram Panchayat intimated the petitioner that his bid amounting to Rs.15,50,000/-had been accepted. The petitio
A public authority cannot cancel a contract arbitrarily without valid reasons, especially when the contract was executed within the authority's term.
The court established that the cancellation of the tender was arbitrary and motivated by commercial, political, and populist interests, emphasizing the contractual rights of the parties and the absen....
Government can cancel contracts within lawful scope; absence of irreparable injury negates injunction applications.
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
The importance of fair and reasonable actions by the State, the need for public auction in granting state largesse, and the significance of complying with the terms and conditions of agreements.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
