- (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. In response to such notice, except appellant-writ petitioner, no other person came forward to bid. When HIT extended time to receive bids, the appellant filed Writ Petition No.8036(W) of 2001. By order dated 14.5.2001 the notice inviting tender was quashed and directed HIT to issue fresh tender notice for sale of the said land.
(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. They intimated the date as 15.6.2001 at 12.00 hrs. In fact, measurement of the plot was undertaken in the presence of both the parties and the parties signed the rough sketch as well. On the very same date, in the writ petition filed by the third party, Omprakash Singh being W.P. No.10445(W) of 2001, learned Single Judge granted an interim order directing respondent authorities not to give effect to the tender for a period of three weeks. An application came to be filed for vacating the interim order but by order dated 12.7.2001 the writ petition itself was disposed of directing the respondent authorities not to give effect to the earlier tender and to initiate fresh tender process by proper publication. Meanwhile, HIT authorities intimated the appellantpetitioner to take back the earnest money. The appellant-petitioner filed F.M.A. 187 of 2003 challenging the judgment dated 12.7.2001. In the said appeal, by an order dated 17.10.2001 the Division Bench granted stay of the operation of the order till disposal of the appeal. F.M.A. 187 of 2003 the intra court appeal was dismissed on 27.7.2010 confirming the judgment of the learned Single Judge. Thereafter, respondent authorities issued fresh notice inviting tender for sale of the plot.;