S/L 15 20.08.2026 Court. No. 25 Sourav WPA 17089 of 2026 M/s. Sabir Construction Vs. The State of West Bengal & Ors. Mr. Amal Kumar Banerjee … for the petitioner. Mr. Souvik Nandy, Sr. Adv. Mr. Sourya Mukherjee … for the State. 1. The petitioner has filed the present writ application challenging the impugned communication dated May 15, 2026 wherein the Superintending Engineer, West Circle, Municipal Engineering Directorate, Government of West Bengal has cancelled the notice inviting e-tender dated February 26, 2026. 2. Learned counsel for the petitioner submits that on February 26, 2026 the respondent authorities have issued notice inviting e-tender with respect of three works and as per the said tender notice, the petitioner has participated in one work being serial no. 3. After submitting the documents, the respondent authorities have found that along with the petitioner, there are other five firms are eligible to participate in the said tender and have issued the notice notifying that six valid bidders have been found eligible to participate in the tender. But instead of proceeding the bid process further, by a communication dated May 15, 2026, the said tender is cancelled and after the cancelation of the said tender, the respondent authorities have issued other e-tender notice dated June 12, 2026 by incorporating some other works. As the respondent authorities have incorporated some 2 other works in the second tender notice, due to which the petitioner is not in a position to participate in the said tender. 3. Learned counsel for the petitioner submits that the respondent authorities have cancelled the first tender in spite of having knowledge that six firms are eligible to participate in the said tender process but the said tender was cancelled without any reason. He prays for setting aside the impugned order dated May 15, 2026 and subsequently, the e-tender notice dated June 12, 2026 and to direct the respondents to complete the e-tender process of the e-tender notice dated February 26, 2026. 4. Per contra, learned counsel appearing for the respondent authorities submits that though the respondent authorities have published e-tender notice on February 26, 2026 and six bidders have found eligible in the said tender process but subsequently, the authorities have found that further works are to be put on tender and, accordingly, the authorities have taken a decision for cancellation of the earlier e-tender notice dated February 26, 2026 and incorporates other works and to issue a fresh tender notice and, accordingly, on June 12, 2026, a fresh tender notice has been issued. 5. He further submits that the works which are appearing in the e-tender notice dated February 26, 2026 is also incorporated in the second tender notice at serial no. 3. He further submits that after issuance of the second tender notice dated June 12, 2026, the tender process is over but the work order has not been issued due to the pendency of the present writ application. 3 6. Heard the learned counsel for the respective parties. Perused the materials on record. 7. This Court finds that though the respondent authorities have issued the e-tender notice on February 26, 2026 with respect of three works but subsequently, the authorities have found that some other works are also to be executed and taken a decision for cancellation of the earlier e-tender notice and to publish another tender notice by incorporating other works and e-tender notice was published on February 26, 2026. After publication of the said tender notice, the respondent authorities have proceeded the second tender process and the tender process is over only the work order is required to be issued. 8. Considering the above, this Court finds that the petitioner has not made out any case to interfere in the decision taken by the authorities by cancelling the earlier tender and issuance of the first tender notice. 9. Accordingly, WPA 17089 of 2026 is dismissed. 10. There shall, however, be no order as costs. 11. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Krishna Rao, J.)