15.09.2026 Court No.25 D/L No.9 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 25181 of 2026 Arun Kumar Nandy Versus The State of West Bengal & Ors. Mr. Arabinda Chatterjee, Sr. Adv. Mr. Surya Maity Mr. Soumitra Naskar …for the Petitioner Mr. Rivu Dutta Mr. Jatinder Singh Dhatt …for the State 1. The petitioner has filed the present writ application challenging the tender condition being Clause 17 (iv), which reads as follows:- “(iv) In case of Tie: As per the memorandum no. 2320-F(Y) dated 7th June 2022 of Finance Department, Audit Branch, Group-T Government of West Bengal, Sealed bids would be invited from all the L1 bidders and out of those the Lowest one will be selected. TIA will decide the minimum accepting rate which will be informed to all the bidders before opening of the sealed Bid.” 2. This Court has taken up the matter for hearing on September 11, 2026 and the learned counsel for the State prayed for time to take instruction. The only contention of the petitioner by challenging the said condition is that as per the Memorandum No. 2320- F(Y) dated June 7, 2022 in Situation III in case of tie bid: 2 In addition to what has been stated in Situation I and II above, the following procedure should be adopted when there is a tie among the L1 bidders. Keeping the discovered L1 rate as ceiling, sealed bids may be invited from all the L1 bidders and out of those the lowest one may be selected. But in the present tender condition the authorities have incorporated that the tender inviting authority will decide the minimum accepting rate which will be informed to all the bidders before opening of the sealed bid. 3. The contention of the petitioner is that the condition incorporating in Clause 17(iv) of the tender notice is in violation of the Memorandum dated June 7, 2022. Now the respondent authorities have issued the corrigendum which reads as follows:- “Memo No. ESIH/BNDL/401300/DIET /2026 /3326 Date:12.09.2026 CORRIGENDUM With reference to the E-Tender process, The undersigned is hereby pleased to make the following changes in the terms and condition of the E-tender for cook-diet E-Tender ref. no. ESIH/BNDL/401300/ DIET/2026/2978 Dt: 17/08/2026 & Tender ID is 2026_LD_1038660_1. In notice inviting e-tender sl no. 17(iv) the line should be read as In case of Tie: As per the memorandum no.2320-F(Y) dated 7'June 2022 of Finance Department, Audit Branch, Group-T government of West Bengal, Sealed bids would be invited from all the L1 bidders and out of those the Lowest one will be selected. L1 bidder should maintain Standard Operating Procedure (SOP) for patient's cook diet, as per diet schedule" 3 instead of "In case of Tie: As per the memorandum no.2320-F(Y) dated 7 June 2022 of Finance Department, Audit Branch, Group-T government of West Bengal, Sealed bids would be invited from all the L1 bidders and out of those the Lowest one will be selected. TIA will decide the minimum accepting rate which will be informed to all the bidders before opening of the sealed Bid.". All other terms & conditions will however remain unchanged.” 4. By the corrigendum dated September 12, 2026, the respondent authorities have deleted the condition that “TIA will decide the minimum accepting rate which will be informed to all the bidders before opening of the sealed bid”. 5. Considering the above, this Court finds from the corrigendum that the respondent authorities have considered the request of the petitioner by deleting the incorporated clause which was not in accordance with the Memorandum dated June 7, 2022. Accordingly, this Court did not find any further order can be passed in the present writ application after the corrigendum issued by the authorities dated September 12, 2026. 6. In view of the above, WPA 25181 of 2026 is disposed of. 7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 8. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all formalities. (Krishna Rao, J.)