- (1.) In the writ application the petitioner has prayed for the following reliefs :- "(a) A writ and/or order or orders and/or directions in the nature of a writ of mandamus directing the respondents their agents, subordinates, employees and/or transferees to issue tender form to the petitioner's firm and to permit the petitioner's firm to participate in tender of construction of 3rd Mahanada Bridge in terms of the Memo No. 440 dated 1 October, 1996 issued by the Superintending Engineer, P.W.D., Planning Circle the respondent No. 3;(b) A Writ and/or order or orders and/or directions direction the respondents their agents, servants and subordinates directing them not to proceed with the process of tendering or accepting any tender from giving any work order to any tender or taking any further step pursuant to such acceptance of any tender :(c) A Writ and/or order or orders and/or directions in the nature of a Writ of Certiorari directing the respondents to certify to this Hon'ble Court the record of the case leading to the issuance of the tender form in terms of the abridge notice issued under Memo No. 440 dated 1 October, 1996 by the Superintending Engineer, P.W.D., Planning Circle the respondent No. 3."
(2.) Bereft of all unnecessary details the fact of the matter is as follows :- For construction of Third Mahananda Bridge in the district of Jalpaiguri measuring about 480 metres in length the Urban Development Department of the Government of West Bengal was granted a sum of Rs. 8 crores by way of Special Assistance Fund by the Planning Commission, Government of India subject to the following conditions : " (i) the work will be a deposit work to P.W.D.(ii) the time for completion of the work will be 30 months;(iii) The works will be carried out by the Public Works Directorate, but the said directorate will not charge any agency charges as stipulated under the P.W.D. Code (11%).(iv) the work will commence by October, 1996 and to be completed in all respect by December, 1998."
(3.) It is stated that the said construction has to be completed within a time schedule failing which the entire additional cost has to be borne by the State of West Bengal.;