NAGENDRA RAI Vs. HOWRAH IMPROVEMENT TRUST AND ORS.

JUDGEMENT

(1.) At the time of hearing CAN 10421 of 2014 by consent of both the parties the matter was taken up for final disposal on merits. Facts in brief that led to filing of the present appeal are as under:-

(2.) Second respondent herein Howrah Improvement Trust (for short known as HIT) represented by its Chairman issued a notice inviting tender for sale of a plot of land measuring 4 cottahs 5 chittaks 9 sq. ft. i.e. 289.298 sq. mt. at premises no.147, Salkia School Road, P.S.-Golabari, Howrah.

(3.) By fixing base price at 6.36 lakhs per cottah, a fresh notice of tender was issued on 17.5.2001 for the aforesaid land. In response to the said tender, petitioner-appellant submitted his tender within the last date fixed for submission and acceptance of the offer. One Omprakash Singh approached the Court contending that respondent HIT authorities did not clearly indicate in the notification where to drop the tender papers. Meanwhile, the tender box was opened and out of three tenderers, offer of the appellant petitioner was found to be the highest bidder. The bid of Omprakash Singh was not accepted as his application for submission of bid was beyond the stipulated time. By letter dated 7.6.2001 Chief Executive Officer of HIT informed the appellant petitioner that his tender was accepted wherein they also mentioned that a joint measurement of the plot of land would be fixed to ascertain the actual measurement of the land so as to fix the poles for the purpose of demarcation of the land.