MRINALKANTI CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON the prayer of mr. Mitra, learned Advocate, pro forma respondent No. 8 be added as a party respondent in this application.

(2.) THE two petitioners, Mrinal Kanti chatterji and Hirendra Kanta Banerji, have challenged in the instant Writ application the acceptance of the tender pursuant to the tender notice No. 5 of 1982-83 published in the middle of January, 1983 by the respondent No. 3, executive Engineer, Sundarban Development Project, as well as the acceptance of the tenders of the added respondents Nos: 6 and 7 and another contractor and the issuance of the work order in respect of works mentioned in serial Nos. 6, 12, 14 and 15 of the said tender notice on the grounds, inter alia, that these two petitioners, who were experienced contractors and who have fulfilled all the requirements as provided in the tender notice, have been illegally denied issuance of tender forms and thereby depriving them from submitting. tenders in respect of the items of work mentioned in serial Nos. 6, 12, 14 and 15.

(3.) IT has been stated in the petition that the petitioner No. 1, Mrinal Kanti chatterji who was also the owner of a properietory firm, M. K. Chatterji and Co. , is an experienced contractor and he had undertaken various sorts of jobs under the State Government and other statutory corporations for doing works such as excavation of canals, earth removing, silt clearance and other sorts of project works. It has been further stated that he is a bona fide contractor under the irrigation and Water Ways department, Public Works Department (Roads), Calcutta Metropolitan Development Authority and also other various statutory corporations and his firm which is a proprietory one has been engaged in doing these sorts of work since the day of its registration in July, 1963. It has been further stated that the petitioner No. 1 has undertaken works for more than Rs. 10 lakhs and duly completed the said work within the stipulated period to the entire satisfaction of the authorities, more specifically under the Irrigation and Waterways Directorate. It has been further pleaded in the petition that the petitioner No. 2, Hirendra Kanta Banerji, is the proprietor of H. K. Banerji and co. engaged in doing various sorts of work including earth work, excavation of canals, different protection works. It has been further stated that the petitioner No. 2 is undergoing such types of work under the Irrigation and Waterways Directorate for the last 12 years and he has now undertaken works for more than four lakhs of rupees under various departments. It has been stated that the petitioners came to know in the middle of February, 1983 from publication of tender notice No. 5 of 1982-83 by the Executive Engineer that several works were going to be undertaken for ' the purpose of development of Sunderban areas by the Drainage and irrigation Division of the Sunderban project. In the said tender notice, the nature of the works was duly mentioned and the estimated cost of each items of work were mentioned in the said notice and the approximate time for completion of the said work has been given and the earnest money to be deposited has also been mentioned therein, It also appears from the said notice that, contractors desirous of submitting tenders are to fullfil the requisite qualifications mentioned therein. The last date for application for tender forma was fixed as 23rd February, 1983. It has been mentioned in clause 10 of the tender notice that a contractor who" is eligible in accordance with the qualifications described in the said notice to participate in the submission of tenders has to inspect the site and to understand the implications of the nature of work involved and then to submit his tender within the time prescribed therein. It has also been pleaded that as against the works in serial Nos. 6, 12, 14 and 15, it has been divided that a contractor must be either a class I contractor under the irrigation and Waterways Directorate or he must be an outside bona fide contractor having an experience and ability in executing such type of works. It has been stated that the petitioners are outside contractors having wide experiences in undertaking similar nature of works as indicated in the aforesaid serial numbers of the tender notice.