BISWAS ENTERPRISES Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is the appellant herein. The writ petition was filed for issuance of a writ of mandamus to direct the respondent authorities to set aside/rescind/modify the notice inviting e-tender dtd. 18/9/2024 for supply of good quality Vannamei Shrimp seed in the district of South 24 Parganas under the scheme of Monoculture of Vannamei Shrimp. The other prayers sought for in the writ petition were incidental and ancillary to the said main relief and pertaining to the tender for two other districts namely North 24 Parganas and Purba Medinipur.

(2.) The learned Writ Court dismissed the writ petition by the impugned order on the ground that the appellant writ petitioner did not have any right to make any submissions with regard to the terms and conditions that may be fixed by the tender inviting authority as the said authority is the best judge to fix terms and conditions and the scope of judicial review in such matters is very limited. Furthermore, the learned Writ Court held that the appellant writ petitioner having failed to match the minimum required credential was unable to participate in the bidding process. Further it was held that the appellant writ petitioner had approached the court belatedly much after the last day of submission of bid which was fixed on 30/10/2024 and the question of exercising power of judicial review at the instance of the appellant is not feasible and accordingly the writ petition stood dismissed.

(3.) We have elaborately heard Mr. Bikash Ranjan Bhattacharyya, learned Senior Advocate assisted by Mr. Sudipta Dasgupta, Mr. Bikram Banerjee, Mr. Suthirtha Nayek, Mr. Baibhav Roy, Ms. Sinjini Chakraborty, advocates appearing for the appellants and Mr. Sandipan Banerjee and Mr. Sobhan Majumder learned advocates appearing for the respondent nos. 4 and 6 and Mr. Pratik Dhar, learned Senior Advocate assisted by Ms. Kalpita Paul and Mr. Arijeet Bhattacharjee, learned advocates appearing for the respondent no. 5.