Court No. - 21
Case :- WRIT - C No. - 17309 of 2009 Petitioner :- M/S Agrawal Tours And Travels Respondent :- Indian Oil Corporation Ltd. And Others Counsel for Respondent :-
S.C.,A.K.Mishra,C.P.Ghildyal,Manu Ghildyal
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
In spite of the notice sent to the petitioner to engage some other counsel, no one has filed memo of appearance. No one is present in the revised call. We have perused the material on record. The relief sought by the petitioner amongst others reads as under:
“(I) to issue a writ, order or direction in the nature of mandamus restraining the Indian Oil Corporation Ltd. (I.O.C.) from acting on basis of letter of acceptance issued in favour of respondent Nos. 4, 5 &6 (Annexure 4 & 5 to the writ petition) and also quash the same work order dated 16.1.2009 and 15.1.2009 in favour of respondent Nos. 4 & 5 and one in favour of respondent No. 6 as well.”
The respondent no. 2 had invited tenders for providing and operating 12 numbers 52 seater buses on hire basis for its Refinery Division at Mathura. The period of contract in the tender documents was primarily for two years extendable by further period of one year. The said tender was challenged by the petitioner on a large number of ground. When the petition was entertained in the year 2010 no interim order was passed. The writ petition is pending since 2009. Evidently, the period for the contract has expired.
Accordingly, we are of the view that writ petition has become infructuous by efflux of time.
In view of the above, the writ petition is dismissed as infructuous leaving it open to the petitioner to move recall application in case the cause of action still survives or this order causes any prejudice to his interest.
Order Date :- 29.1.2019 Puspendra