S.P.TALUKDAR, J. - (1.) ALLEGING illegality and arbitrariness on the part of the respondent-authorities, the writ petitioners approached this court with the prayer for direction upon the respondent-authorities for not giving effect to the result of the tender in connection with Memo No.P/Ferry/-1/08/12634-37 dated 4.12.2008. The petitioners also sought for an order directing upon the authority-concerned to withdraw the result of the said tender in connection with Memo No. P/Ferry/- 2/08/1263841 dated 4.12.2008 and for further direction upon the respondent-authorities for not giving effect to the award in consequence of the notice inviting tender dated 10.11.2008 being Annexure P-2.
(2.) IT was claimed on behalf of the petitioners that petitioner No. 1. is a Cooperative Society duly enlisted for the purpose of granting lease in respect of different ferry ghats under the authority and control of the official respondents. Petitioner No.1 is a lessee in respect of Arjunpur Kulidiara Brahman Gram Ferry and Khuta Ghat for the purpose of running the said ferry ghat upto 31.12.2008. The notice inviting tender was issued by the Sub Divisional Land and Land Reforms Officer, Malda, being respondent No.4, under Memo No. PF 11132 dated 10.11.2008 for granting of lease in respect of the ferry ghats as mentioned therein for the years 2009, 2010 and 2011. The time and date of submission of quotation was fixed upto 3 p.m. of 26th November, 2008 against minimum quotation referred by the government in respect of each of the said ferry ghats as mentioned in the tender notice. On 26.11.2008 the petitioner No.1 submitted quotation in respect of said ferry ghats to District Land and Land Reforms Officer, being respondent No.3. The drafts as required by the aforesaid notice inviting tender dated 10.11.2008 were also submitted in respect of each quotation. Though the ferry ghats are operating in the district of Murshidabad but notice inviting tender was issued from the office of the concerned respondent- authorities situated at Malda. The quotations were opened on 26.11.2008 in presence of petitioner No.1 and some other bidders. But the result was published on 4.12.2008 in the Notice Board of the office of the respondent No. 3. The result of tender in support of Dhulian Deonapur Ferry and Khuta Gari was published under Memo No. P/Perry/- 1/08/12634-37 dated 4.12.2008 and the said tender was awarded in favour of Rajmahal Prakhanda Machinized Nao Yatayat Swabalambi Sahakari Samity, who submitted the quotation in the tune of Rs.7,25,555/-. The result of tender in respect of Arjunpur Kulidiara Brahman Gram Ferry and Khuta Gari was also published under Memo No. P/Ferry/- 2/08/12638-41 dated 4.12.2008 and it was awarded in favour of Satui Ferry Samabay Samity who submitted quotation in the tune of Rs. 2,75,550/-. The tender in respect of Beniagram Lakshmipur Sikharpur has not been awarded in favour of any of the bidders. The petitioner No.1 claimed to be the highest bidder in respect of Dhulian Deonapur Ferry and Khuta Gari who submitted the quotation of Rs.10,01,000/- which is the highest amount. The petitioner No.1 is also the highest bidder who submitted quotation of Rs.3, 30,000/- for Arjunpur Kulidiara Brahman Gram Ferry 85 Khuta Gari. The quotation of petitioner No.l was rejected on the ground of non- submission of draft in proper time. On that very date i.e., 4.12.2008, the petitioner No.1 submitted representation before the District Land and Land Reforms Officer, Malda being respondent No. 3 herein. It sought for grant of lease in its favour and submitted a representation dated 6.12.2008 before the Additional District Magistrate and District Land and Land Reforms Officer, being respondent No.3. Thus, the quotation of the petitioner No.1 was rejected on the ground of non-submission of the draft in proper time though it was submitted according to the terms and conditions as mentioned in the notice being Annexure P-2. Such refusal of quotation on the basis of a false/fictitious ground is illegal, arbitrary and without any basis. The notice dated 10.11.2008, being Annexure P-2, mentions that the concerned respondent- authorities may not accept the quotation of the highest bidder without showing any reason thereof. This clause is illegal, arbitrary and in violation of the principles of natural justice. It had been alleged that respondent No.6 is a Co-operative Society, working in the State of Jharkhand and is not entitled to run its business in West Bengal. The official respondents were not justified in awarding the lease in favour of such respondent No.6. The petitioners claimed that the authority-concerned could not have refused the petitioners who were the highest bidders.
(3.) IN such circumstances the petitioners sought for direction upon the respondent-authorities for awarding the lease in favour of the petitioners in respect of the two ferry ghats, as referred to, after cancellation of the relevant memo dated 4.12.2008.;