07.09.2026 ADSL No. 2 Ct No. 446 SG WPA 24091 of 2026 Md Belal Khan Vs The State of West Bengal & Ors. Ms. Amita Gaur, Mr. Sujit Gupta, Ms. Alvina Bakhteyar. …for the petitioner Mr. Ajit Kr. Mishra, ld. AGP. …for the State 1. Affidavit-of-service as filed by the petitioner is taken on record. However, despite service, the Municipal Corporation is unrepresented. 2. Challenging the legality of the tender process initiated pursuant to the notice dated 14th August, 2026, for allotment of Parking Lot No. 10, G.T. Road, beside Bastin Bazar, the present writ petition has been preferred. 3. Ms. Gaur, learned Advocate appearing for the petitioner, submits that initially a tender notice was floated on 6th January, 2025, for allotment of the said parking lot. The petitioner participated in the said tender process and, having emerged as the successful bidder, was allotted the parking lot, pursuant to which an agreement was executed between the petitioner and the Asansol Municipal Corporation. Referring to paragraph 4 of the tender notice, she submits that the tender notice dated 6th January, 2025, stipulated that the agreement 2 would remain valid for a period of 24 months in respect of each parking lot/bus stand from the date of execution of the agreement, with a provision for further extension on mutual terms. 4. She submits that, however, in the present case, immediately upon expiry of one year, the petitioner was granted an extension for a further period of 72 days. Despite such extension, the Corporation has issued the impugned notice inviting intending tenderers to participate in a fresh tender process for allotment of the very same parking lot. According to her, the action of the Corporation in initiating a fresh tender process during the subsistence of the petitioner's extended period is arbitrary and mala fide and warrants interference by this Court in exercise of its writ jurisdiction. 5. Mr. Mishra, learned Additional Government Pleader appearing for the State, opposes the submissions advanced on behalf of the petitioner. Referring to page 22 of the writ petition, he submits that the agreement specifically provides that the parking lot would be granted on a licence basis for a period of one year, to be reckoned from the date of execution of the agreement. Therefore, according to him, the petitioner cannot claim any right to require the Corporation to continue the licence beyond the period stipulated in the agreement. 6. Heard the learned Advocates appearing for the respective parties and perused the materials on record. 3 7. Record would reveal that though the Clause 4 of the tender notice stipulated that the agreement in respect of each parking lot/bus stand would remain valid for a period of 24 months from the date of execution of the agreement, the petitioner thereafter entered into the agreement with the Municipal Corporation, which, as noticed hereinbefore, specifically provided that the licence would remain valid for a period of one year, to be reckoned from the date of execution thereof. The petitioner accepted and executed the said agreement without raising any demur or objection. The terms and conditions contained therein are, therefore, binding upon both the petitioner and the Corporation. Having accepted the terms of the agreement, the petitioner cannot seek to restrain the municipal authority from initiating a fresh tender process upon expiry of the period of one year stipulated therein. 8. In view of the aforesaid facts and circumstances, the only irresistible conclusion is that the petitioner has failed to make out any case warranting interference by this Court. The writ petition, accordingly, is devoid of merit and is liable to be dismissed. 9. Accordingly, the present writ petition stands dismissed. However, there is no order as to costs. 10. Since no affidavits have been called for from the respondents, the allegations made in the writ petition shall be deemed not to have been admitted by the respondents. 4 11. Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Partha Sarathi Chatterjee, J.)