IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Kausik Chanda W.P.A. No.561 of 2026 M/S. RAHAMAN CONSTRUCTION AND ANOTHER -VERSUS-

THE STATE OF WEST BENGAL AND OTHERS For the petitioners : Mr. Sunil Kumar Gupta, Adv.

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For the State : Mr. Sujoy Mondal, Adv., Mr. Subhendu Sengupta, Adv.

For the Zilla Parishad : Mr. Rishav Das Barman, Adv.

Hearing concluded on : 20.02.2026 Judgment on : 24.02.2026 Kausik Chanda, J.:-

The petitioners challenge the order dated January 2, 2026, whereby the work order issued by the Suti-I Panchayat Samiti for the “construction of a CC road from Samtu Sk.’s house to Pintu Sk.’s house at Paraipur Village under Harua Gram Panchayat, Murshidabad” was cancelled. The petitioners further challenge the order dated January 2, 2026, issued by the same authority, by which the petitioners were blacklisted for a period of six months.

2. Learned counsel appearing for the petitioners, however, confined his submissions to challenging the blacklisting order dated January 2, 2026. The challenge to the cancellation of the contract was not pressed.

3. Learned counsel for the petitioners submits that the respondent authorities failed to comply with the provisions of the General Rules and Directions for Guidance of Bidders/Contractors, as contained in West Bengal Form No. 2911 (Standard Bid Document).

4. It is further submitted that the said document prescribes the procedure for debarment during the contract implementation stage, which, according to the petitioners, has not been followed by the respondent authorities. The relevant clause is reproduced below:

“PROCEDURE FOR DEBARMENT DURING THE CONTRACT IMPLEMENTATION STAGE:-

(A) Upon termination of contract due to default of the Bidder, the Engineer-in-Charge shall recommend for debarment to the Bid Evaluation Committee. The Bid Evaluation Committee shall submit his recommendation of debarment of the alleged Bidder along with a detailed report stating clearly the reasons for debarment to the Debarment Committee within 30 (thirty) days from the date of termination of contract. The alleged Bidder shall be intimated accordingly either electronically to his registered e-mail id or in writing to his postal address. The Chairperson of Bid Evaluation Committee shall also inform the decision to all concerned.

(B) The Debarment Committee upon receipt of the recommendation of Bid Evaluation Committee shall scrutinize the documents. The Debarment Committee will hold a hearing about the matter from the Bidder and issue necessary order within 10 (ten) working days from the last date of hearing. The Debarment Committee, if satisfied after hearing, shall forward the case to the Department for the order of debarment. The Department in due course will issue debarment order disqualifying/prohibiting the erring Bidder from participating in the bidding/procurement of all projects under the Administrative Department, Government of West Bengal for a specified period. The alleged Bidder shall be intimated accordingly either electronically to his registered email id or in writing to his postal address. Otherwise the Debarment Committee may reject the recommendation of the Bid Evaluation Committee. The Chairperson of Debarment Committee shall also inform the decision to all concerned.”

5. The State was directed to file a report. From the report, however, it appears that the petitioners were awarded the relevant work order dated February 9, 2024, to be completed within 60 days. The petitioners failed to commence the work within the stipulated period. Thereafter, on March 25, 2024, the petitioners sought an extension, promising to complete the work by July 10, 2024.

6. It further appears that, following an inspection, a revised estimate for the tender was submitted to the Zilla Parishad on December 9, 2024, and the petitioners were requested in March 2025 to commence the work on the basis of the revised estimate.

7. By a letter dated May 19, 2025, the Ex