Sujit Narayan Prasad, J. - (1.) This writ petition is filed under Article 226 of the Constitution of India wherein notice inviting tender dated 07.01.2019 as contained under Annexure-3 being Bidding Document No. CS/01/2018-19 is under challenge, whereby and whereunder, the applications have been invited under sealed cover for "Selection of Agency for Diet in District Hospital".
(2.) It is the case of the petitioner that in terms of the earlier tender issued on 31.12.2013 as contained under Annexure-1, he is declared to be successful bidder and allotted work in his favour, and he is carrying out the aforesaid work in pursuance to the tender as contained under Annexure-1 and decision has been taken by the Tender Committee dated 08.03.2014 (Annexure-2). The petitioner's grievance is that during the period of contract entered in between the petitioner and as also the respondent-authority the tenure is in subsistence, but in course thereof the fresh tender has been issued, therefore the fresh tender is not sustainable.
(3.) Learned A.C. to A.A.G. has submitted that the writ petition is not fit to be entertained for the reason that the relief as has been sought for under the (a) and (b) are in conflict to between each other. According to her when the petitioner is claiming to be allowed to carry out the work in pursuance to the tender dated 31.12.2013 (Annexure-1) but simultaneously he is also making prayer of disbursement of outstanding dues of Rs.10,00,000/-, it does suggests that the tenure of the petitioner in terms of the Annexure-1 has already expired. He further submits that since both the prayers are conflicted to each other, the same could not have been prayed in the instant writ petition. So far as the merit is concerned, it has been submitted that the petitioner is claiming to be allowed to carry out the work in pursuance to the tender issued dated 31.12.2013, but he has not annexed any work order, showing therein that the contract is subsisting.;