- (1.) THE petitioners in this art.226 petition dated August 28, 2011 are questioning a decision of the Government of West Bengal dated September 20, 2011 (at p.129).
(2.) RELEVANT parts of the decision dated September 20, 2011 are quoted below: "In pursuant to the judgement & order dtd.14.07.2011 passed by the Hon"ble High Court, Calcutta in W.P. No.11180(W) of 2011 (Aroni Agri Equipment Pvt. Ltd. "VState of West Bengal & Ors.), the Government has taken the decision vide Notification No. 1711-WI/BP/9M-37/2011 dated 16.08.2011, regarding procurement of materials included as reserved items." Hence the items mentioned in NIT No.23 of 2010-2011 are no longer remained in the reserved list. The copy of the above mentioned G.O. is enclosed herewith for your necessary information.
(3.) THE petitioners participated in the process initiated by NIT No.23 of 2010-2011 and emerged as the successful bidders with respect to the first 36 items out of total 39 items put out to tender. Questioning their eligibility petitions under art.226 were moved before this Court and orders were passed that steps taken in the process would abide by the result of those petitions. The third respondent (West Bengal Agro Industries Corporation Limited) initiating the process recommended acceptance of the petitioners" bid. Though this Court did not pass any restraining order in the pending petitions in connection with which the parties even went upto the Supreme Court, the respondents did not accept the petitioners" bid and give them the work.;