Authority: Calcutta High Court
Order Date: 08 October 2026
Case Overview
- Petitioner: National Pump Operators Co-operative Society Ltd.
- Respondents: State of West Bengal and others (including Kolkata Municipal Development Authority).
- The petitioner filed a writ application (WPA 25629 of 2026) seeking a court direction to (a) extend the expired agreement with KMDA for operation and maintenance of water pumps (agreement period: 2 Oct 2025 to 30 Sep 2026, 364 days) and (b) obtain preference in the tender notice dated 23 Sep 2026 for "Round the clock operation and minor maintenance of 16 booster pumping stations" under Integration, SWTP, KMDA for 12 months.
- The petitioner relied on Rule 96 of the West Bengal Co-operative Societies Rules, 2011, asserting that the tender should give preference to the cooperative society, and cited Section 60(3) for additional exemptions.
- Respondent counsel argued the writ is not maintainable, citing Joshi Technologies International Inc. Vs. Union of India (2015) 7 SCC 728, stating the court cannot entertain matters lacking a public‑law character and that the petitioner cannot claim personal benefit of agreement extension.
- The court examined the applicability of Rule 96 and Section 60(3) and concluded that neither provision is relevant to the present facts.
Final Outcome
- The court found no merit in the writ application and dismissed WPA 25629 of 2026.
- The dismissal does not preclude the petitioner from participating in the tender dated 23 Sep 2026, provided it satisfies the eligibility criteria.
- No order as to costs was made.
- The court directed that urgent certified copies of the order be supplied to parties upon compliance with formalities.
Topics: Public Procurement, Co-operative Law