High Court disposed of the writ petition as infructuous because the impugned tender proceedings were cancelled, rendering no surviving cause of action. Earlier interim order was vacated.
Writ petition dismissed as infructuous; interim order vacated; liberty to challenge fresh tender if floated.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1141 of 2022
Mithileshwer Ray S/o Shri Sushil Ray Aged About 40 Years Proprietor of Aditya Forging And Fabrication, R/o F- 203, Mayuri Heights, Maitrikunj, Risali , Police Station Nawai, Bhilai, District Durg Chhattisgarh.
---- Petitioner
Versus
---- Respondents
(Cause Title taken from Case Information System)
For Petitioner : Mr. P.R.Patankar, Advocate. For Respondents No.1 to 6 : Mr. Pankaj Agrawal, Advocate
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Hon'ble Mr. Arup Kumar Goswami, Chief Justice Hon'ble Mr. Rajendra Chandra Singh Samant, Judge
Order on Board
Per Arup Kumar Goswami, Chief Justice
05/05/2022
Heard Mr. P.R.Patankar, learned counsel, appearing for the petitioner as well as Mr. Pankaj Agrawal, learned counsel, appearing for the respondents No. 1 to 6.
2 . Mr. Agrawal, learned counsel, appearing for the respondents No. 1 to 6 submits that the impugned tender proceeding has been cancelled and therefore, there is no surviving cause of action in the writ petition.
3 . This Court, by order dated 02.03.2022, had observed that the tender proceeding shall not be finalised by way of award of contract.
4 . As the tender itself has been cancelled, the writ petition stands disposed of as infructuous. Interim order passed earlier also stands vacated.
5 . If any fresh tender is floated by the respondents and the petitioner is still aggrieved in any manner, he will be at liberty to challenge the same, if so advised.
Sd/Sd/- (Arup Kumar Goswami) (Rajendra Chandra Singh Samant) Chief Justice Judge
Amit
1 issue framed by the court
Whether the writ petition stands disposed of as infructuous since the impugned tender proceedings were cancelled.
Mithileshwer Ray
South Eastern Coalfields Limited
Black Diamond Equipment Pvt. Ltd.
Arup Kumar Goswami
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
