BISWANATH SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order passed by the Hon'ble Single Judge on 9/9/2021 in WPA No. 13839 of 2021 is impugned in this appeal by the Writ Petitioner as he has suffered dismissal of his Writ Petition.

(2.) Facts relevant for disposal of this appeal are as follows:

(3.) From the impugned order it is found that it was asserted by the present appellant before the Writ Court that in fact he was the lowest bidder in the first bid pursuant to NIT dtd. 4/6/2021 and present Respondent No. 10 had quoted rate of 0.24 paise above 121 km. which had been struck down by pen, subsequently to 0.23 paise. As both the parties were found to have offered the same bid after the striking down of rate as aforesaid was taken into consideration, both may be stated to have quoted similar price in their bid or the Petitioner should have been taken to have offered the lowest bid. The cancellation of the aforesaid bid had been challenged before the Writ Court on the grounds thus: