MAA KALI BRICKS KILN INDUSTRIES Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. D Bhattacharjee, learned GA appearing for the respondents No. 1 to 5, Mr. Ratan Datta, learned counsel appearing for the respondents No. 6,7 and 8 and Mr. A Bhowmik, learned counsel appearing for the respondent No.9.

(2.) By means of this writ petition, the petitioner has challenged the cancellation order dtd. 22/1/2020 (Annexure-19 to the writ petition) and the NIe-T dtd. 22/1/2020 (Annexure-20 to the writ petition). By the said cancellation order dtd. 22/1/2020, the Executive Engineer, RD Santirbazar Division has informed all concerned that consequent upon the verification of tenders for supply of bricks, as all the tenders were found informal, hence invalid, the tendering process initiated vide PNIT No. e-PTIV/ EE/RD/STB/2019-20 dtd. 14/6/2019 has been cancelled for inviting fresh tenders.

(3.) As sequel to the said cancellation, on the very day of cancellation, i.e. 22/1/2020 by the notice inviting e-tender No. e- PT/XXI/EE/R/STB/2019-20 dtd. 22/1/2020, the Executive Engineer, RD, Santirbazar Division, Government of Tripura for and on behalf of the Government of Tripura has invited item wise separate tenders (single Bid) from the eligible bidders in PWD Form No.9. The last date for dropping the tender was 3 p.m. on 4/2/2020 for procurement of the items for various construction sites of Santirbazar Municipal Council and Belonia Municipal Council and 5 (five) RD Blocks under the jurisdiction of RD Santirbazar Division, South Tripura District as per the terms and conditions as provided in the said DNIT. The items, earnest money, cost of tender form and eligibility of the bidder are shown below in the form of table which is exact extract from the NIe-T dtd. 22/1/2020. <IMG>JUDGEMENT_45_LAWS(TRIP)9_2020_1.JPG</IMG>