S.B.SINHA, J. - (1.) THE petitioner in this writ application inter alia has prayed for the following relief : "(a) A writ and/or order and/or direction in the nature of Mandamus directing the respondents to forbear from giving effect to or further effect to and/or withdraw and/or cancel the impugned Notice inviting Tender being No.16 of 1996 -97 of the East Midnapur Division issued by the respondent No.1 under Memo No. 3362(29) dated 10th December, 1996 along with its corrigendum being Annexures 'B' and 'C' of this application".
(2.) THE basic fact of the matter is not in dispute. The Executive Engineer floated a tender being Tender No. 15 of 1995 -96 on or about 18th October, 1995. Several corrigendums were issued thereupon. The petitioner was an intending tenderer. He deposited the earnest money.
(3.) IT is stated by Mr. Chatterjee, learned counsel for the petitioner which fact is not denied or disputed by the learned counsel for the respondent that the tender process was started on 7.11.1996 and the said tenders were opened at 20 -30 P.M. on that date. One M/s. Economic Traders filed a representation. It appears that the Executive Engineer by his order dated 6.11.1996 has stated that they had not applied for issuing tender form in connection with the work in question. The said Economic Traders approached the higher authority in terms of their letter dated 11.11.1996 but despite the request they could not produce any receipt proving that they had earlier prayed for issuing tender form. A writ application was filed in this court which was registered as C.O. No. 18705(W) of 1996. The writ application was disposed of by an order dated 6.12.1996 upon taking into consideration the aforementioned fact in the following terms : "The writ petition thus involves a disputed question. However, it is observed that in the event tender process has not yet started, the Superintending Engineer, Western Circle -II, Irrigation and Waterways Department, Keranitola, Midnapore, may, keeping in view the special facts and circumstances of this case, consider the desirability of handing over a tender form to the petitioners so as to enable their tender being considered along with other eligible tenderers". Thereafter by an order dated 12.12.1996, the Superintending Engineer cancelled the said tender.;