SUBRATA TALUKDAR,J. - (1.) At issue in this writ petition is the e-tender notice dated 6th August, 2015 invited on behalf of the respondents/the West Bengal Power Development Corporation Ltd. (for short WBPDCL) for undertaking the job of maintaining the desired channel to ensure steady supply of water by dredging of the river Rupnarayan around the Dolphin Mouth of the Intake Pump House of Kolaghat Thermal Power Station, Mecheda, Paschim Medinipur.
(2.) The writ petitioner No.1/company, also represented by its Director/writ petitioner No.2, (for short WP-I and WP-II) have been the existing contractors for the dredging job as aforesaid for the past 8 years. The writ petitioners are aggrieved by the award of the e-tender in favour of the respondent No.4/Tebma Marine Pvt. Ltd. (for short only R4 or the R4/company) inspite of the alleged fact that R4 failed to meet the specific condition of the tender which, being No.2(viii) reads as follows:- "The entire dredger must be owned by the bidder."
(3.) It is submitted by Mr. Partha Sarathi Sengupta, Ld. Senior Counsel for the writ petitioners, that although R4 did not own the two dredgers mandatory for participating in the contract, nonetheless the contract was awarded to R4. Mr. Sengupta particularly relies upon a communication dated 22nd of February, 2016 issued by WBPDCL in favour of R4 which, inter alia, states that R4 should forthwith furnish the details of its ownership of the two dredgers deployed to facilitate the clearance of its bills.;