10.06.2025 Court No.11 Item No.14 Avijit Mitra MAT 797 of 2025 with IA No.CAN 1 of 2025 Santosh Bhakat - Versus - State of West Bengal & ors. Mr. Saptansu Basu, Sr. Adv, Mr. Rabiul Islam, Mr. Masooq Rahaman ….for the appellant Mr. Biswabrata Basu Mallick, ld. A.G.P., Mr. Sayan Ganguly ….for the State respondents Pursuant to our order of May 23, 2025, the appellant had participated in the tender process without prejudice to his rights and contention. As it now appears that there were seven participants in the tender process. Out of the seven bidders, bids of five tenderers were found to be not acceptable and were rejected. Two of the tenderers, were found to be acceptable by the authorities. However, since there were only two tenderers, which is below the requisite number of three, as stipulated in the West Bengal Financial Rules dated June 07, 2022, the tender process was cancelled. Mr. Basu Mallick, learned AGP representing the State, pursuant to the directions in the order dated May 23, 2025 has also filed a report dated June 09, 2025, which is kept on record. The report clearly records that due to lack of minimum 03 (three) qualified bidders during the technical bid evalution, the tender process has been cancelled. Mr. Basu Mallick, on instructions, from the District Programme Officer (ICDS), Murshidabad, who is personally present in Court, submits that since this tender has already been cancelled, a fresh tender will be issued. In the facts and circumstances as aforestated, nothing remains in the present appeal. We however make it clear that we have not gone into any of the aspects raised in the appeal, while challenging the notice dated April 24, 2025 and also make no observation in respect thereof. With the aforestated directions, the appeal and the application are accordingly disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. (Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.) 2