INDRAJIT CHATTERJEE, J. - (1.) THIS writ application has been preferred by the present writ petitioner praying for an order to restrain the K.M.C. from proceeding with the process of the second tender and to direct the K.M.C. to issue the work order in view of the first invited tender.
(2.) THIS Court has heard the matter at length. It is the contention of the present petitioner that as per the notice inviting tender this petitioner was adjudged as the lowest bidder (page 32 dated 19.03.2014) as per letter written by the K.M.C. In his turn the present writ petitioner sought for some clarifications vide page no. 33. It is the submission of the learned advocate appearing on behalf of the present writ petitioner that no response was given to that letter which was received by the K.M.C. on 31st of March 2014. It is the further case of the present petitioner that without giving any response to that letter the K.M.C. issued fresh tender as per page no. 34 dated 20.05.2014 for the same work without any reference to the previous tender. Learned advocate for the K.M.C. was also heard and it is his contention that the fresh tender is still open and the last date is on 11th June 2014 and as such the present petitioner can very much participate in the said tender process. It is the considered view of this Court that simply because the K.M.C. issued a letter to the present writ petitioner saying that he was the lowest bidder that cannot acquire any right in favour of the present writ petitioner to get the said tender only on that score. It is now wide open to the present petitioner to participate in the second process of tender and it was very much within the domain of the K.M.C. to go for issuance of second tender and if there was any infirmity in the first procedure adopted while floating the first tender this Court cannot curtail the right of the K.M.C. to float a second tender.
(3.) THUS with these observations the Court is of the opinion that no rule is warranted to be issued in this regard. The matter is disposed of without any order as to costs.;