TAPABRATA CHAKRABORTY,J. - (1.) The Court: The present writ petition has been preferred challenging a tender process initiated by a Notice Inviting Tender (in short, NIT) dated 12th December, 2017 inviting bid/offers for allotment of a plot of land/structure/property at Remount Road, on long term lease of 30 years on 'as is where is' basis, without renewal option, against payment of annual rent or upfront.
(2.) Mr. Bhattacharya, learned senior Counsel appearing for the petitioner submits that responding to the said NIT the petitioner duly applied and submitted his initial price offer at Rs. 6,45,916/-, more than the reserve actual rate stipulated for the order and accordingly the total price as initially submitted by the petitioner in his initial price offer was Rs. 61,41,811/-, as would be explicit from a printout copy of the screenshot dated 29th January, 2018. On 20th March, 2018 at about 3.00 p.m., the petitioner participated in the price bid portion of the e-tender process and the petitioner's e-bid was of Rs. 72,11,011/- which turned out to be the highest bid for the said electronic e-auction. Such fact would be explicit from the documents annexed at pages 81 and 82 of the writ petition, wherein it has inter alia been stated that "you are HI bidder" and under the buyer and status report, the status was shown to be "sold". Though the petitioner was the highest bidder, he was not awarded the work order. The petitioner submitted a representation on 3rd April, 2018 requesting the respondent authorities to take steps in terms of the NIT and to issue the letter of allotment. Surprisingly thereafter by an email dated 18th May, 2018 the petitioner was intimated that he has been declared as an unsuccessful bidder.
(3.) Aggrieved thereby, the petitioner preferred the writ petition and an interim order was passed on 29th May, 2018 restraining the respondents from taking any further steps including handing over possession of the plot in question in favour of any third party apart from the petitioner. After the interim order was passed, an application being GA No. 1326 of 2018, was filed on behalf of IRC Commercial Pvt. Ltd. (in short, IRC) inter alia praying for addition as a party respondent and for vacating the interim order. By an order dated 18th June, 2018 this Court allowed such application for addition and IRC was impleaded as a party respondent to the present writ petition.;