- (1.) The Writ Petition has been filed, inter alia, praying for direction upon the respondents for accepting balance consideration money from the petitioner and executing a registered deed of conveyance in favour of the petitioner is respect of a plot of land measuring four cottahs five chittaks nine square feet, i.e. 289.298 sq.mt. at premises no.147 Salkia School Road, PS- Golabari, Howrah (hereinafter referred to as the plot of land) and for a direction to cancel, rescind and withdraw notice inviting tender dated 24.12.2013 issued by respondent no.3 in Sanmarg Patrika inviting tender for sale of the plot of land.
(2.) The facts giving rise to the Writ Petition are as follows:- On or about 2001, respondent no.2, the Chairman, Howrah Improvement Trust (HIT for short) issued a notice inviting a tender for sale of the plot of land. Inresponse to such notice, petitioner submitted his bid. No other bid was received by HIT. HIT extended time for submission of bids. Petitioner moved a writ petition being WP no.8036 (W) of 2001. This Court by order dated 14.05.2001 quashed the aforesaid notice inviting tender and directed HIT to issue fresh notice of tender. On 17.05.2001 fresh notice inviting tender of the plot of land was issued by HIT and base price was fixed at 6.36 lakhs per cottah. In response to such notice inviting tender, petitioner submitted his bid to purchase the plot at a rate of Rs. 6.40 lakh per cottah. No other person submitted bid within the stipulated time. One Omprakash Singh submitted a bid but was disallowed by HIT as his bid had not been submitted within stipulated time. By letter dated 7th June, 2001 Chief Executive Officer of HIT informed the petitioner that his offer being the highest one had been accepted. He was also informed that HIT decided to undertake a joint measurement of the plot of land for such purpose with the petitioner to ascertain the actual quantum of the plot of land and for fixing of poles for the purpose of actual demarcation of the plot of land and requested him to be present himself personally or through his authorized representative on 15.06.2001 at 12 hours. It appears that on the stipulated date actual measurement of the plot of land was undertaken in presence of the parties and the parties duly signed the sketch map. On the self same date, Omprakash Singh filed a writ petition being W.P. No. 10445 (W) of 2001, inter alia, challenging the tender process.
(3.) A learned Single Judge of this Court was pleased to pass an interim order directing the respondents not to give any further effect to the tender for a period of three weeks. The respondents filed an application praying for vacating of theinterim order passed by the Hon'ble Single Judge. By order dated 12th July, 2001 an Hon'ble Single Judge was pleased to allow the aforesaid writ petition filed by Omprakash Singh directing the respondent authorities not to give effect to the earlier tender and to initiate fresh tender process by publishing proper notice. HIT called upon the petitioner to withdraw earnest money deposited by him.;