R. Dayal, J. - (1.) The Press Note which is Annexure "A" to the writ application from which this appeal has arisen, was issued by the Executive Engineer, Gangtok Central Division, C.P.W.D. Gangtok on behalf of the President of India as head of the Union of India inviting sealed item rate tender from approved and eligible contractors of C.P.W.D. and those of appropriate Class of West Bengal State PWD, MES, P&T and Railways for the work Construction of Type -116 (F/S) and Type-II 40 (F/S) quarters for BSF campus at Raigunj upto 15 hrs. on 4.7.97.
(2.) In the Press Note, it is not specifically stated where the Tender Forms were to be deposited and as such the learned Counsel for the appellant rightly submits that the Tender Forms were to be submitted at Gangtok only. The appellant has alleged in the writ application that prior to 1995 the place for collection of tender forms and dropping them for the construction works of Central Public Works Department under Gangtok Central Division was Gangtok only and no other, but in October 1994, some miscreants snatched away tender papers of some contractors from the office premises of the Executive Engineer, Gangtok Central Division and thereafter tender forms were permitted to be dropped in West Bengal also. However, in the writ application, the petitioner alleges that for the particular work in question, the tender forms were required to be deposited only at Gangtok in collusion with private respondents in order to prevent other enlisted Class-I contractors from participating in the tenders. He has further pleaded that when his representative went to Siliguri, his tender papers were snatched on 9th July, 1997 and so he could not submit his tender papers and that selection of only one place for collection and dropping of tender papers for the particular type of work was ill motived, mala fide and against public interest and in collusion with private respondents. A Mandamus is sought commanding the respondents to issue a fresh notice inviting tender for the construction, work mentioned in Annexure 'A' after cancelling Annexure 'A' and mentioning therein more than one place for collection and dropping of tender papers for the same construction work or in the alternative to allow him to submit his tender papers in the office of respondent No. 1, i.e., Union of Indian after collection of tender from the office of the said respondent within a period of ten days.
(3.) The petition was dismissed on 24th July, 1997 by the learned Single Judge before whom the matter came up for hearing on the ground that this High Court does not have the territorial jurisdiction to entertain the petition.;