This writ petition challenging the award of a contract for concurrent audit to a chartered accountancy firm was closed as infructuous because the contract period expired before the petition was disposed of.
Closed as infructuous due to efflux of time.
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GAHC010026332022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/929/2022
M/S. M. K. BARDOLOI AND CO.
CHARTERED ACCOUNTS (A PARTNERSHIP FIRM, HAVING ITS HEAD OFFICE AT A.T. ROAD, TARAJAN, DIST.- JORHAT, ASSAM, PIN- 785001. (REP. BY ITS SENIOR PARTNER C.A. MANI KUNTAL BARDOLOI.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-781006.
3:THE MISSION DIRECTOR
NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX SRINAGAR PATH NEAR POST OFFICE BUS STAND GS ROAD CHRISTIAN BASTI GUWAHATI-781005.
4:THE CHAIRMAN STATE AUDIT COMMITTEE (SAC) NATIONAL HEALTH MISSION
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ASSAM SAIKIA COMMERCIAL COMPLEX SRINAGAR PATH NEAR POST OFFICE BUS STAND GS ROAD CHRISTIANBASTI GUWAHATI-781005.
5:M/S. HARI SINGH AND ASSOCIATES CHARTERED ACCOUNTS HAVING ITS OFFICE AT CHILARI NAGAR PATH OPPOSITE ICICI BANK BHANGAGARH GUWAHATI-781007 KAMRUP METRO ASSA
Advocate for the Petitioner : MR. JYOTIRMOY ROY
Advocate for the Respondent : SC, HEALTH
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
01.06.2023
Ms. E. Nath, learned counsel for the petitioner is present.
Mr. M. Bhuyan, learned counsel appearing on behalf of Mr. B. Gogoi, learned Standing Counsel, NHM has submitted on the basis of the instructions received vide letter bearing no. NHM/Audit Cell/Appointment/Dist.Level Con.Auditor/2021-22/Pt-I/4178 dated 30.05.2023 that the selection and appointment of the respondent no. 5 Chartered Accountant Firm was made only for conduct of Concurrent Audit during the Financial Year : 2021-2022 and the period of the contract for conduct of Concurrent Audit has already expired on 31.03.2022. It is submitted that the subject-matter of the writ petition where challenge is made to the award of the contract in respect of the respondent no. 5, has become infructuous due to efflux of
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time.
In view of such fact situation, the writ petition is closed as infructuous due to efflux of time.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging the award of a contract for concurrent audit has become infructuous due to the expiration of the contract period.
M/S. M. K. BARDOLOI AND CO.
THE STATE OF ASSAM
CHARTERED ACCOUNTANTS HAVING ITS OFFICE AT CHILARI NAGAR PATH OPPOSITE ICICI BANK BHANGAGARH GUWAHATI
MANISH CHOUDHURY
As recorded by the court registry
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