Rajasekhar Mantha, J.:— The writ petitioners have been enjoying a contract for managing hoardings and advertising spaces within the Zoological Gardens in the Alipore, city of Kolkata for over 20 years now. It is submitted that the last contract entered into by the Zoo Authorities with the petitioners expired sometime in March, 2020.
2. Prior thereto there were certain allegations levelled against the petitioners as regards unauthorized use of some advertising spaces within the premises to which the petitioners vehemently deny.
3. There is also some evidence on record as regards late payment and penalties levied which the petitioners claim to have met with without demur.
4. Be that as it may, after the expiry of the contract, the respondent Zoo Authorities invited fresh tenders in which, inter alia the petitioners and the private respondent No. 7 participated.
5. The petitioners admittedly were the highest bidders for a sum of Rs. 1 crore 26 lacs per year. The tender however was awarded to the private respondent No. 7 who has admittedly bid a sum of Rs. 81.39 lacs per year.
6. The writ petitioner would place reliance upon a decision of the Hon'ble Supreme Court in the case of Natural Resources Allocation, In Re : Special Reference No. 01/2012 reported in (2012) 10 SCC 1 and submit that the State must justify as to why it has rejected the petitioners' tender and has accepted the second highest bidder.
7. It is now well settled that the State is not bound to accept the highest or the lowest bidder in the process of distribution of State largess.
8. However, in view of the fact that the rejection of the petitioners appears to have been indicated by a one line letter, let the respondents file affidavit-in-opposition to the instant writ petition within a period of three weeks from date. Reply, if any, be filed within a week thereafter.
9. Let this matter be placed for hearing before the earliest available Bench four weeks hence.
10. The petitioner shall remove all its equipment and installations in the said Zoo premises within a period of one week from date failing which the Zoo Authorities shall be at liberty to remove the same if not already done. Subject to the above, any action taken, shall abide by the result of the writ petition.
11. All the parties may act on the Web copy of this Order accordingly.
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