Protik Prakash Banerjee, J. - (1.) This is a petition under Article 226 of the Constitution of India, which, but for the consequence of debarring the writ petitioner from obtaining the benefit of a public law contract, and the process by which it was being granted unless he paid something not payable by him in terms of the notice inviting tender, and but for the consequence of forfeiture visited upon him, would have been entertaining since it displays how little law the authorities of the Port Trust and their financial professionals know of the law of the land.
(2.) The facts in brief need to be told. The writ petitioner is a sole proprietorship business. It runs on a name other than that of the proprietor who is named in the cause title. The Respondents are the Kolkata Port Trust, more properly called the Board of Trustees for the Port of Kolkata and its instrumentality. This entity began its journey as the Commissioners for the Port of Calcutta, under the provisions of the Calcutta Port Act, 1890 but since 1975, after the provisions of Section 133(2B) of The Major Port Trusts Act, 1963 came into force, on applicability of the said statute to the "port of Calcutta" it has continued as the Board of Trustees for the Port of Kolkata. It is now a statutory body corporate under Section 5 of the said Act of 1963. Since statutory and public duties are imposed upon it, it is now no longer open to contend that it is not "person or authority" within the meaning of Article 226 of the Constitution of India and "State" under the provisions of Article 12 of the Constitution of India.
(3.) The first respondent floated a tender. This was by for inviting bids from those eligible, inter alia for leasing land being Plot No. A51 at the Transport Depot Road. The said land admittedly belongs to the respondent no. 1. The power to do is by a contract regulated by statute as appears from Section 34 of the Act of 1963. Therefore, any tender for entering into a contract within the meaning of Section 34 of the Act of 1963 would be the threshold of formation of a public law contract, regulated by statute. In terms of clause (f) of the Schedule of Tender, appearing at page 22, the intending bidder had to deposit both the earnest money as indicated as also the tender fee.;