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Calcutta High Court · body

2026 DAILYLAW 48955 (CAL)

DULAL MAHALDER v. THE STATE OF WEST BENGAL AND ORS.

WPA/17941/2026 · 2026-10-14

Suvra Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

26 jdt. 14.10.2026 jb. WPA 17941 of 2026 (Dulal Mahalder vs. State of West Bengal & Ors.) Mr. Oishik Chatterjee Mr. Arup Sarkar Mr. Gourav Roy …. For the Petitioner Ms. Tapasi Palit Sinha Mr. Suman Chattopadhyay …. For the State Affidavit of service and supplementary affidavit filed by the petitioner are taken on record. The petitioner is a member of Ujitpur Matsyajibi Samabay Samity Limited and participated in the e auction floated by the respondents for the purpose of pisciculture in Mahananda Embankment Sub Division II for a period of one year. The petitioner failed to submit the relevant documents pertaining to the registration of the Samity as a co operative society alongwith the tender due to inadvertence. He was not granted the tender on the ground that he applied in his individual capacity and not as a member of the registered co- operative society. It appears from the supplementary affidavit that the petitioner is a member of Ujitpur Matsyajibi Samabay Samity Limited which is registered under the Co Operative Societies Act. The petitioner seeks to participate in the said tender since he is eligible for the same. 2 Learned counsel for the State is unable to apprise this Court regarding the stage of the tender. On prayer of the petitioner liberty is granted to submit a comprehensive representation before the Sub Divisional Officer, Mahananda Embankment Sub Division II, being the 3rd respondent herein, alongwith all relevant documents including the certificate of registration, requesting participation in the tender process, within two weeks from date. The 3rd respondent is directed to consider and dispose of the same within four weeks from the date of receipt thereof upon granting reasonable opportunity of hearing to the petitioner, in accordance with law. The tender shall not be proceeded with any further till disposal of the representation. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)