IN THE HIGH COURT AT CALCUTTA (Constitutional Writ Jurisdiction)

APPELLATE SIDE Present:

The Hon’ble Justice Krishna Rao W.P.A. No. 17422 of 2025 Techno E-Minds Private Limited Versus Syama Prasad Mookerjee Port & Ors.

Mr. Soumava Mukherjee Mr. Indrani Munshi .....For the petitioner.

Mr. Ashok Kr. Jena .....For the respondent nos. 1 to 3.

Mr. Barnik Ghosh Mr. Ritoban Sarkar .....For the respondent no. 4.

Hearing Concluded On : 16.12.2025 Judgment on : 19.12.2025 Krishna Rao, J.:

1. The petitioner has filed the present writ application praying for a direction upon the respondent Port Authorities to refund the Earnest Money Deposit (EMD) amounting to Rs. 29,42,418/-. The respondent nos. 1 and 2 invited bids through E-Tender-cum-E-Auction vide NIT No. SMP/KDS/LND/87-2023 dated 1st November, 2023 for allotment of vacant land at East Medinapore, Jellinghan, Gangrachar being Plot No. 82/23(A), on long term lease of 30 years, on ‘as is where is basis’ without renewal option against payment on annual rent/ upfront basis.

2. The petitioner had participated in the said tender by depositing the earnest money amounting to Rs. 29,42,418/- out of which an amount of Rs. 55,200/- was for the bank guarante