TAPAS KUMAR ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Both these writ petitions are being disposed of by a common judgment since common issues are involved and they both arise out of the same Notice Inviting Tenders (for short NIT) relating to Kamalpur foreign liquor shop no.2.

(2.) The undisputed facts are that Sri Tapas Kr. Roy, petitioner in WP(C) No.441 of 2011 was the highest tenderer and had offered a sum of Rs.11,99,002/- for the tender for the year 2014- 2015. Sri Prasenjit Banik, petitioner in WP(C) No.102 of 2014 was the second highest tenderer and he bid an amount of Rs.9,43,100/- which is more than Rs.2,50,000/- below the amount bid by Sri Tapas Kr. Roy.

(3.) The tender of Sri Tapas Kumar Roy was declared to be informal since he had not deposited 50% of the bid money by means of a deposit-at-call along with his bid. The committee headed by the Collector recommended that the bid of Sri Prasenjit Banik be accepted. However, the State did not accept the proposal of the Collector and opted to invite fresh tenders for the Kamalpur foreign liquor shop no.2. Sri Tapas Kumar Roy filed WP(C) No.99 of 2014 in which the main allegation is that Sri Tapas Kumar Roy had earlier also submitted a tender for the liquor shop at Kamalpur and had bid for an amount of Rs.14,05,485/- and had deposited 50% of the bid amount i.e. Rs.7,02,742.50 paisa. This amount was earlier forfeited by the Collector since, according to the State, the petitioner had not performed his part of the agreement. The petitioner thereafter filed a petition being WP(C) 441 of 2011 and this petition was disposed of by a learned single Judge of this Court in the following terms.