ROXY ENTERPRISES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition arises out of a dispute which arose on account of non completion of work in terms of the work order issued in favour of the petitioner by the Alipurduar Zilla Parishad.

(2.) In response to a notice inviting pre qualification- cum- tender (two cover system) published by the Alipurduar Zilla Parishad, the petitioner submitted its bid in respect of the work of repair of road from Salkumarhat near Dijarajghat to Bhandani temple via Bangdaki Forest under Salkumar II GP of Alipurduar I PS within Alipurduar Zilla Parishad. Time period for completion of the work was mentioned as 120 days. The terms and conditions mentioned in the subject notice laid down that the successful tenderer will have to execute an agreement on a Non Judicial Stamp paper worth Rs.100.00. Time and cost over-run will not be permitted. In case of any work not being completed by the contractor within the stipulated time frame, necessary penal measure in the tune of deduction of an amount as decided by the Artha- Sanstha- Unnayan- O- Parikalpana Sthayee Samity of Alipurduar Zilla Parishad will be imposed. Running payment of work will be made to the agency as per availability of fund and as per norms.

(3.) The bid submitted by the petitioner, being the lowest, was accepted and a letter of acceptance dtd. 14/2/2020 was issued by the Executive Engineer (P and RD), Alipurduar Zilla Parishad in favour of the petitioner. The petitioner was to complete the formalities within seven working days from the date of issue of the letter before issue of work order. An agreement of requisite Non Judicial Stamp paper worth Rs.100.00 was to be executed along with other formalities to be completed. The Executive Engineer (P and RD), Alipurduar Zilla Parishad issued work order in favour of the petitioner vide memo dtd. 3/3/2020. The petitioner was requested to take up the work within seven days from the date of issue of the letter in right earnest in consultation with the engineer and complete the same in all respect within stipulated time. Payment was to be made by the respective head of account by the appropriate authority of the Zilla Parishad.