RAJIB ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this intra-court appeal writ petitioner has challenged the order of the learned Single Judge dtd. 13/1/2022 dismissing WPA 19550 of 2021 and the subsequent order of the learned Single Judge dtd. 10/6/2022 dismissing the review application being RVW 14 of 2022.

(2.) The appellant had filed the writ petition with the plea that he was one of the prospective bidder of NIT dated 7th of October, 2021 issued by the respondent No. 3 for establishment, operation, maintenance and management of mechanized laundry facility at Bankura SMCH on public private partnership mode. The appellant participated in the pre-bid meeting held on 26th of October, 2021 and raised verbal objection on the tender terms and conditions contained in the NIT. According to the petitioner, earlier the tender notification dated 16th of September, 2019 was issued with the criteria of minimum average annual turnover of Rs.1.00 crore in the last 3 financial years but this was cancelled and subsequently, after 2 years, by splitting, 4 separate NITs for different zones were issued. The appellant was aggrieved with the condition of e-tender issued for Bankura Zone dated 7th of October, 2021, therefore, he had filed the writ petition questioning the said e-tender.

(3.) Learned Single Judge by order dated 13th of January, 2022 had examined the plea of the appellant and had dismissed the writ petition. The appellant had approached the Division Bench by filing MAT 56 of 2022 and raising the plea that due to the technical glitch Counsel for the appellant could not argue before the learned Single Judge all the grounds in support of challenge to the NIT. By order dated 27th of January, 2022, appellant had withdrawn MAT 56 of 2022 with liberty to file an appropriate application for review/recall of the order before the learned Single Judge. Learned Single Judge by order dtd. 10/6/2022 has dismissed the application for review.