S.J. Mukhopadhaya, J. - (1.) ALL these cases arise out of a common Notice Inviting Tender (NIT for short) No. 02/2002 -03 issued by the Executive Engineer, Suber -narekha Canal Division, Ghatshila. The NIT No. 02/2002 -03 was published in newspaper "PRABHAT KHABAR" on 27th September, 2002 for several earth filling and Check Dam (C.D.) construction works of Chandil left main Canal. The Group No. 1 related to earth filling between 78.598 K.M. to 80.45 k.m. and C.D. construction works at 80.39 k.m. The Group No. 2 for earth filling between 80.45 k.m. to 83.99 k.m. and C.D. works at 81.13 k.m. & 81.55 k.m. The Group No. 3 for earth filling from 83.99 k.m. to 85.17 k.m. and the Group No. 4 for earth filling : 85.33 k.m. to 86.44 k.m.
(2.) ALL the three writ petitions being confined to aforesaid four Groups, it is not necessary to discuss the rest of the works such as Group Nos. 5, 6 and 7. The petitioner Kew Construction Private Limited of WP (C) No. 6871 of 2002 submitted tender papers in respect to Group No. 2 works. The other petitioner V.K. Sahani Const. (India) Pvt. Ltd. of WP (C) No. 6910 of 2002 submitted tender papers in respect to group Nos. 3 and 4 works, whereas petitioner M/s. Ajay Engicone Private Ltd. of WP (C) No. 83 of 2003 submitted tender papers in respect to Groups 1, 3 and 4 works.
(3.) CURIOUSLY , the contesting respondents of the respective writ petitions and the corresponding petitioners, all of them, and some others quoted same rate i.e. 15% below the estimated cost. Thereafter, the work orders having issued in favour of some of the contesting respondents, the petitioners challenged the decision of the Tender Committee dated 14th December, 2002, with further prayer to command the respondents to produce the consequential work orders and to quash them. In one of the cases te. WP (C) No. 6910 of 2002, prayer has been made to direct the respondents to allot the work in favour of the petitioner.;