NISHIT CHANDRA SAHA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has laid challenge to the action of the respondents in cancelling the tender after accepting the highest bid of the petitioner.

(2.) BRIEFLY stated the facts of the case are that the respondent No. 2 issued an Advertisement/Notice Inviting Tenders for auction of unserviceable Secondary Batteries etc. Sealed tenders were invited and the reserved price was fixed at Rs. 4,32,447/ -. The petitioner submitted a tender offering a sum of Rs. 4,71,000/ - for these materials. Vide communication dated 19.08.2009 the Superintendent of Police (Communication), Tripura, Agartala accepted the bid of the petitioner. The petitioner was asked to deposit the amount in cash by 21.08.2009. It is not disputed that the petitioner deposited the sum of Rs. 4,71,000/ - on 21.08.2009 and thereafter on 02.09.2009 a communication was issued cancelling the tender process itself due to unavoidable circumstances. The relevant portion of the communication dated 02.09.2009 reads as follows:

(3.) WE had called for the records of the case and the noting file of the case does not support these averments. In the noting file before arriving at the decision to cancel the tender process there is no mention of any complaint or even the verification or any inquiry done with regard to the said complaints. The noting dated 02.09.2009 signed by the Superintendent of Police (Communication) reads as follows: