BAJRUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 19th July, 2013 by directing the respondent authorities to invite fresh offer for sale of 295 trees which had been auctioned in favour of the appellant at a grossly depressed price of Rs. 23,000,00/- (Rupees twenty three lakh). The appellant had approached this Court, inter alia, alleging that he was the highest bidder in an auction sale in respect of the said 295 trees which were auctioned at the behest of the respondent authorities and that in terms of the letter dated 18.04.2013 offered to deposit the bid amount of Rs. 23,000,00/- (Rupees twenty three lakh) in favour of the Executive Engineer, who had refused to accept the same on one plea or another. The appellant accordingly prayed for a writ of mandamus upon the respondent authorities to accept the aforesaid bid amount and issue work order accordingly. In the course of hearing before the learned Single Judge, affidavit was filed on behalf of the State and the records were also produced before the First Court. We find that several other tenderers took out applications before the learned Single Judge and claimed that they had offered in excess of Rs. 46 lakh or 50 lakh in respect of the trees. Although the learned Single Judge was not happy in the manner in which note-sheets were maintained and reasons recorded therein in canceling the earlier bid and directing a re-tender but bearing in mind the public interest involved in the light of the contentions raised by the applicants that they had, in fact, offered and/or are still offering substantially higher rates than the price at which goods have been sold, Learned Single Judge by the impugned order, inter alia, directed fresh tender in respect of the aforesaid 295 trees within a fortnight.

(2.) The appellant has assailed such order before us on the ground that after his bid of Rs. 23,000,00/- was accepted by the respondent authorities. A concluded contract had been entered into and therefore it was not within the power of the respondent authorities to seek a re-tender.

(3.) To bolster his argument, learned counsel contended that although the learned Single Judge had recorded that no cogent reason was appearing from the note-sheet submitted before the Court, fresh tender was directed. He submitted such action was illegal and constituted breach of the terms of a concluded contract.