S/L 12 28.09.2026 Court. No. 25 chanchal WPA 1061 of 2026 Mumtaj Alam Vs. The State of West Bengal & Ors. Mr. Pritam Chowdhury Mr. Shaharayar Alam Mr. Saikat Gayen ….. for the petitioner. Ms. Sudipa Banerjee Ms. Manisha Paswan … for the State Mr. Amit Roy Mr. Yashraj Roy Ms. Sangita Singh Mr. Rudranil Pramanick … for the respondent No.12 1. The petitioner has filed the present writ application challenging the work order issued to the private respondent with respect of the work, namely, conversion works of SCs into Health and Wellness Centres at Dallagach SC under the Chopra Block, Uttar Dinajpur. 2. The petitioner submits that on 15th October, 2025 the Chief Medical Officer of Health, Uttar Dinajpur has issued the tender notice with respect of the said work. The petitioner has participated in the said tender. The respondents have accepted the technical bid of the petitioner along with other three firms including the private respondent. After opening the financial bid, the respondent authorities have issued work order to the private respondent on 25th November, 2025. 3. The main grievance of the petitioner in the present writ application that the private respondent has participated in the tender process by suppressing the fact that the District Engineer, Uttar Dinajpur, Zilla 2 Parishad, had already blacklisted the private respondent for participating in any of the tender for all departments of the West Bengal on and from 29th May, 2023 for three years and the respondent authorities without considering the fact that the private respondent has been blacklisted from participating in any tender with effect from 29th May, 2023, for a period of three years and has awarded six work orders to the private respondent. 4. The petitioner has disclosed a communication dated 4th December, 2025 by which the District Engineer, Uttar Dinajpur, had informed the Chief Medical Officer of Health that G.M. Construction has been blacklisted from 29th May, 2023, for three years for all departments of the West Bengal. 5. In spite of receipt of the said communication, the Chief Medical Officer of Health, Uttar Dinajpur has not taken any action against the private respondent and allowed the private respondent to continue with the tender work. 6. This Court directed the State to file a detailed report with regard to when the work order was issued, what is the stage of work and how much money has been released in favour of the private respondent. The State has submitted report by disclosing the work order, wherein it finds that the authorities have issued work order to the private respondent on 25th November, 2025. The report also disclosed the communication by the District Engineer, Uttar Dinajpur to the Chief Medical Officer of Health dated 3 4th December, 2025, wherein the District Engineer informed about the blacklisting of the private respondent with effect from 29th May, 2023. 7. In the said report another communication of the District Engineer, Uttar Dinajpur, Zila Parishad dated December 5, 2024 is disclosed addressed to the CMOH wherein District Engineer has informed the CMOH that the private respondent has been blacklisted with effect from 29th May, 2023 for two years for all departments of the West Bengal. The respondents have also disclosed a communication dated 8th December, 2025 to the District Engineer of the CMOH wherein it was informed that the private respondent have been blacklisted with effect from 29th May, 2023 for all departments of the West Bengal for three years. 8. A further communication is disclosed issued by the Additional Officer, Uttar Dinajpur, Zila Parishad wherein it reveals that the private respondent has been blacklisted from participating any tender in the Zila Parishad. The authorities have further filed a report today when the matter is taken up for hearing and submits that out of total six works allotted to the private respondent four works have been completed 100%; one work is completed only 35% and another work is completed only 10%. The authorities have further disclosed that for three work orders out of total amount of Rs. 18,14,622/- an amount of Rs. 11,06,193/- is paid and for other three works out of 4 Rs. 18,31,121/- an amount of Rs. 5,92,828/- is paid to the private respondent. 9. Learned counsel for the respondent State submits that the private respondent has been blacklisted for participating in the said tender only Zila Parishad and as such the Health Department has issued the work order. 10. The learned counsel appearing for the private respondent submits that the order of blacklisting has already challenged by the petitioner by way of another writ application and is pending before the coordinate Bench of this Court for adjudication. Learned counsel for the private respondent submits that when the tender notice was issued on 15th October, 2025 on that date the private respondent was not blacklisted if the two years blacklisted is taken on consideration for May 29, 2023. 11. Heard the learned counsel for the respective parties. Perused the materials on record. 12. From the report submitted by the State, it reveals that the private respondent has been blacklisted with effect from 29th May, 2023 for three years for all departments of the West Bengal if three years is taken into consideration on 15th October, 2025 the private respondent was under blacklist. The District Engineer, Uttar Dinajpur has sent a communication to the CMOH on 4th December, 2025 informing about the blacklisting of the petitioner from 29th May, 2023 for three years for all departments but immediately on 5th December, 2025, the District Engineer, Uttar 5 Dinajpur, Zila Parishad has communicated to the CMOH that the private respondent has been blacklisted from 29th May, 2023 for two years. The letter issued by the District Engineer, Uttar Dinajpur on 5th December, 2025 does not reveal that the said letter is in suppression of the letter dated 4th December, 2025 wherein it is informed to the CMOH that the private respondent has been blacklisted for three years. 13. Consequently, on 8th December, 2025 another communication was made wherein it was further informed to the CMOH by the District Engineer that the petitioner has been blacklisted for three years with effect from 29th May, 2023. Though the private respondent has filed a writ application challenging the order of the blacklisting but admittedly there is no order of stay and on the date of participating in the tender process and at the time of issuance of work order, the private respondent was blacklisted. 14. The private respondent had the knowledge with regard to his blacklisting, in spite of having knowledge, the private respondent has participated in the tender process by suppressing the fact of the black listing. The CMOH has issued the work order on 25th November, 2025. The District Engineer has communicated the order of the blacklisting of the private respondent from 29th May, 2023 on 4th December, 2025 if the CMOH has no knowledge with regard to the blacklisting of the private respondent on 25th November, 2025 but the CMOH came to know 6 about the blacklisting of the private respondent on 4th December, 2025. In spite of having knowledge of the blacklisting of the private respondent from participating in all tender for three years of all departments of the West Bengal, CMOH has allowed the private respondent to continue with the tender work in terms of the work order. 15. The CMOH has given extraneous consideration to the private respondent by allowing the private respondent to continue with the work order having knowledge that the private respondent is blacklisted. The said act of the CMOH is nothing but arbitrary action on the part of the CMOH. The CMOH ought to have cancelled the work order issued to the private respondent immediately when he has received communication from District Engineer. 16. This Court finds that the private respondent has already completed the work and some payment has already been made and as such no relief can be granted to the petitioner in the present writ application. But the petitioner has given liberty to take appropriate steps before the appropriate Court of law to claim damages who has suffered due to the act of the private respondent as well as CMOH by allowing the private respondent who was not eligible to be awarded with the contract work. The CMOH is further directed not to release any further payment in favour of the private respondent. 17. In view of the above, WPA 1061 of 2026 is disposed of. 7 18. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)