SHAKESPEAR FREE CAR PARKING SERVICING AND CONSTRUCTION CO-OPERATIVE SOCIETY LTD. Vs. KOLKATA MUNICIOAL CORP.

JUDGEMENT

(1.) Let affidavit-of-service be kept on record. This writ application is filed by the petitioners assailing the decision making process in dealing with the matter of awarding contract for collection of Car parking from the fee car parking stretches with location Kolkata Municipal Corporation area for the year 2014-15.

(2.) According to the petitioners, they participated on the basis of short notice inviting tender dated February 24, 2014 under 'B' category. According to the petitioners, they were the highest bidder under lot Nos. 4(5), B(6) and B(7). But they were not favoured with awarding of above contracts. It is also the case of the petitioners that though they were entitled to participate in the above tender process under 'A' category they had chosen to participate in respect of lot Nos. 4(5), B(6) and B(7) considering their financial ability. According to the petitioners, once the tender documents and earnest money had been received by the respondent-Corporation they were under obligation to consider their application instead of rejecting the same on the ground that their application for participating in the bid under 'B' category was not permissible.

(3.) On the other hand, it is submitted by Mr. Alok Kumar Ghosh, learned Advocate appearing on behalf of Kolkata Municipality Corporation, that in accordance with eligibility clause 1(1.6) of the short notice inviting tender for the "Fee Car Parking Stretches" the petitioners were not entitled to participate in respect of 'A' category. Their application for participating under 'B' category was not permissible. Therefore the decision taken by the respondent-Corporation for non-consideration of the application of the petitioners was legally valid.