ARIJIT BANERJEE,J. - (1.) This is an appeal against the judgment and order dated 3 July, 2018 whereby WP 217 of 2018 challenging a tender process was dismissed by the learned Single Judge.
(2.) The Kolkata Port Trust (in short 'KPT') issued a tender inviting offers for "allotment of a plot of land/structure/property at Remount Road as detailed in the tender document, on long term lease of 30 years, an 'as is where is' basis, without renewal option, against payment of annual rent or upfront, to willing bidders through e-tender- cum-e-auction". KPT received five bids including those of the appellant/writ petitioner (in short 'Lohia') and the private respondent (in short 'IRC'). KPT found IRC's bid to be the highest and accepted the same. Being aggrieved Lohia approached learned Single Judge by filing WP 217 of 2018. Lohia's main contention before the learned Single Judge was that in fact Lohia was the highest bidder and the land should be allotted to him. In support of such case Lohia relied on a statement in the website of KPT to the effect that he was the H1 bidder. He also submitted a status report which showed the land to be 'sold' to him. He challenged the communication dated 18 May, 2018 whereby he was intimated that he had been declared as an unsuccessful bidder. Lohia challenged KPT's action as arbitrary and unreasonable. It was also argued on behalf of Lohia that as on the date of issuance of the NIT there were dues from IRC to KPT but IRC falsely declared that there were no dues. This suppression/misrepresentation disqualifies IRC and IRC's bid should have been rejected and Lohia's bid should have been accepted. The learned Judge found that in fact there was nothing due and payable by IRC to KPT as on the date of issuance of the NIT. The statement to the contrary in the report of the Tender Committee was erroneous as was demonstrated by IRC's learned Counsel by bringing on record certain documents and as was admitted by KPT's learned Counsel. The learned Judge held that the Writ Court cannot act as appellate authority. The scope of judicial review regarding award of contract is very limited. No mala fide could be attributed to KPT nor its action could be said to be arbitrary or unreasonable. Accordingly, the learned Judge dismissed the writ petition.
(3.) Appearing for the appellant/writ petitioner i.e., Lohia, Mr. Bikash Ranjan Bhattacharyya assisted by Mr. Biswaroop Bhattacharyya drew our attention to the eligibility clause in the tender documents, the relevant portion whereof reads as follows:- "Non-pendency of mutually admitted Port Estate dues (for all existing/past plates under KDS and HDC of the prospective bidder) on the date of publication of NIT. Note: In case there are any unpaid dues, the prospective bidder may be allowed to participate in tender only if he agrees to pay the rent for the entire lease period on upfront basis as per appendix VI on becoming the successful bidder". ;