The writ petition challenging the validity of a tender notice for a Transporting and Handling Agent was dismissed as infructuous. The court held that the matter had become inadmissible due to the passage of time, as the one-year tenure of the agent had expired, and no appointment had been made owing to a pending stay order by this Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7077 of 2011
====================================================== Gajendra Dubey, son of late Paltan Dubey, resident of village-Sakra Wajid, P.O.-Dholi, P.S.-Sakra, District-Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar 2. The Managing Director, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Vth Floor, Veer Chand Patel Path, Patna. 3. The District Manager, Bihar State Food and Civil Supplies Corporation, Muzaffarpur. 4. The District Magistrate, Muzaffarpur. 5. The District Supply Officer, East, Muzaffarpur. 6. The Sub-Divisional Officer, East, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Singh For the Respondent nos.1&4to6: Mr. Avanindra Kumar Jha, AC to AAG-13 For the Respondent nos.2&3 : Mr. Ram Shankar Pradhan, Sr.Adv. Mr.Amrendra Narayan Rai, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 03-07-2015 The matter at issue is the validity of tender notice dated 07.04.2011 (Annexure-8) for selection/appointment of Transporting and Handling Agent for the district of Muzaffarpur for a period of one year. Learned counsel appearing on behalf of the respondents, by referring to the averments made in the counter affidavit filed on their behalf, submits that, in view of the passage of time, the present matter has become infructuous as the period of one year is already over. It is further contended that, in view of the order of stay passed by this Court, no agent was appointed pursuant to the impugned tender notice.
The submissions made by learned counsel appearing on behalf of the respondent are not controverted by learned counsel
Patna High Court CWJC No.7077 of 2011 (4) dt.03-07-2015
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appearing on behalf of the petitioner.
In above view of the matter, the present writ petition is dismissed, since it has become infructuous.
(Birendra Prasad Verma, J)
Arvind/-
U
Gajendra Dubey
The State of Bihar
The Managing Director, Bihar State Food and Civil Supplies Corporation
The District Manager, Bihar State Food and Civil Supplies Corporation
The District Magistrate, Muzaffarpur
The District Supply Officer, East, Muzaffarpur
Birendra Prasad Verma
As recorded by the court registry
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