Arijit Banerjee, J. - (1.) The Gorkhaland Territorial Administration (in short 'GTA') issued a Notice Inviting Tender (in short 'NIT') dated 20 September, 2013 inviting offers for supply of pipes, specials and joining material to the Public Health Engineering Department (in short 'PHE'), GTA, Darjeeling for execution of Drinking Water Supply Schemes for different schools and PWS schemes within the GTA area. The total estimated cost of 47 schemes in Darjeeling, Kurseong and Kalimpong divisions was Rs. 53.81 crores. The petitioner company's bid was found to be the lowest and the same was communicated to it by the PHE department of GTA by a letter dated 20 December, 2013. It was mentioned in the said letter that supply of the said materials shall be made as per the orders issued from the office of the PHE department of GTA from time to time against the sanctioned works. It was also mentioned that the approved rates will remain valid from the date of the said letter till 20 December, 2015. The petitioner company was called upon to execute formal agreement with the PHE department of GTA within seven days. Such a formal agreement was executed on 24 December, 2013.
(2.) It is not in dispute that the last work order was issued by the respondent authorities on 26 March, 2014. The last supply was made by the petitioner on 12 May, 2016 as would appear from copies of road challans filed in Court by the petitioner company.
(3.) The petitioners filed WP No. 7136 (W) of 2018 before the learned Single Judge contending that without issuing further work orders pertaining to the remaining work under the aforesaid tender the respondent authorities have issued fresh tender notices relating to supply of materials which were included in the earlier tender. The petitioners prayed for an order restraining the respondents from giving effect to the fresh NITs all dated 16 May, 2018.;