Disposed

M/S Kurseong Carrier Private Limited v. the State of Assam and 4 Ors.

Gauhati HC9 Aug 2023WP(C)/2034/2023

Case brief

AI extract

What is this about?

This interlocutory order disposed of an interim application filed to vacate a stay order. The court held that since the tender process was cancelled, the underlying writ petition became infructuous and the interim order redundant, granting liberty to file a fresh petition.

What did the court decide?

Interim order dated 12/04/2023 disposed of as redundant; liberty granted to file a fresh writ petition challenging the cancellation of the tender.

M/S Kurseong Carrier Private Limited Vs the… — Public Procurement and Tenders | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010159802023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2085/2023

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THE ASSAM STATE TEXTBOOK PRODUCTION AND PUBLICATION CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN, PANBAZAR, GUWAHATI-781001

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VERSUS

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M/S KURSEONG CARRIER PRIVATE LIMITED

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A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 16, HARE STREET GROUND FLOOR KOLKATA, WEST BENGAL-700001 AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE

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2:THE STATE OF ASSAM

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REPRESENTED BY THE COMMISSIONER AND THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006

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3:ASSAM STATE WAREHOUSING CORPORATION PANNYAGAR BHAWAN AMARJYOTI PATH CHRISTIANBASTI GUWAHATI-05

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4:THE MANAGING DIRECTOR ASSAM STATE WOREHOUSING CORPORATION PANNYAGAR BHAWAN AMARJYOTI PATH CHRISTIANBASTI GUWAHATI-0

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Advocate for the Petitioner : MR. K P PATHAK

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Page No.# 2/3

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Advocate for the Respondent : SC, ELEM. EDU

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Linked Case : WP(C)/2034/2023

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M/S KURSEONG CARRIER PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 16 HARE STREET GROUND FLOOR KOLKATA WEST BENGAL-700001 AND IS REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006 2:THE ASSAM STATE TEXTBOOK PRODUCTION AND PUBLICATION CORPORATION LIMITED REPRESENTED BY ITS CHAIRMAN PANBAZAR GUWAHATI-781001 3:THE MANAGING DIRECTOR THE ASSAM STATE TEXTBOOK PRODUCTION AND PUBLICATION CORPORATION LIMITED PANBAZAR GUWAHATI-781001 4:ASSAM STATE WAREHOUSING CORPORATION PANNYAGAR BHAWAN AMARJYOTI PATH CHRISTIANBASTI GUWAHATI-05 5:THE MANAGING DIRECTOR ASSAM STATE WOREHOUSING CORPORATION PANNYAGAR BHAWAN AMARJYOTI PATH CHRISTIANBASTI GUWAHATI-05 -----------Advocate for : MR. N N JHA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS

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Page No.# 3/3

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 09/08/2023

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Heard Mr. K.P. Pathak, learned counsel for the applicant. Also heard Mr. N.N.Jha, learned counsel for the opposite party/writ petitioner. Mr. K. Gupta, learned counsel for the opposite party nos. 4 and 5 is also present.

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Mr. Pathak, learned counsel for the applicant submits that the petitioner was aggrieved due to non-issuance of the work order in his favour in connection with the tender dated 28/01/2023 despite being L-1 bidder. However, he submits that the tender process has already been cancelled and, therefore, the writ petition has become infructuous.

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Mr. N.N. Jha, learned counsel for the writ petitioner, on the other hand, submits that the process adopted in cancellation of the tender is highly arbitrary and illegal and has violated the fundamental rights of the petitioner. As such, he has instruction to challenge the said decision of the authorities.

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Be that as it may, if the petitioner is aggrieved by the order of cancellation of the tender, the same would give rise to a new cause of action, which can be agitated in a fresh writ petition. However, once the tender is cancelled, nothing survives for adjudication on the facts pleaded in the writ petition. To that extent, the interim order dated 12/04/2023 has also become redundant.

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In view of the above, the writ petition stands disposed of as infructuous by granting liberty to the writ petitioner to assail the order of cancellation of the tender by filing a fresh writ petition, if so advised.

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Both the writ petition as well as the IA stand disposed of accordingly.

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JUDGE

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sukhamay

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Comparing Assistant

M/S Kurseong Carrier Private Limited v. the State of Assam and 4 Ors.

Case brief

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M/S Kurseong Carrier Private Limited v. the State of Assam and 4 Ors.

Case brief

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