Court No. - 21
Case :- WRIT - C No. - 30497 of 2011 Petitioner :- Ashirwad Agarwal Respondent :- National Highways Authority Of India And Others Counsel for Petitioner :- Bulbul Godiyal Counsel for Respondent :- R.K. Singh,Mohd Ali,Sma Kazmi
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has instituted this writ petition for issuance of a Writ of Certiorari to quash the advertisement dated 17.5.2011 inviting bids for short term contract for providing manpower and supervisor for collection of Toll Tax/ User Fee on location Km. 325 (Garrah Bridge) in District Shahjahanpur. A copy of the advertisement is on the record as Annexur-1 to the writ petition. In paragraph-10 of the writ petition it is averred that the said short term contract was only for a year. The last date for submission of the bid documents was 26.5.2011.
No one is present to press the petition. From the order-sheet it appears that the matter was listed on 9.8.2011. Thereafter it has never been listed. A counter affidavit has been filed on 24.8.2011. No Rejoinder Affidavit is on the record.
We find that no effort has been made by the petitioner for hearing of the matter as no application to list the case is on the record.
We have perused the material on record and have heard learned Standing Counsel.
From the advertisement itself it is evident that a short term contract for providing manpower and supervisor for collection of toll/ tax/ user fee was issued hence we find that the writ petition has become infructuous by efflux of time. The matter is lying dormant for last seven years. No interest has been shown by the petitioner for hearing the matter. It appears that the petitioner has also lost the interest in pursuing the matter. Accordingly, the writ petition is dismissed leaving it open to the petitioner to move a recall application in case cause of action still survives or this order causes any prejudice to the interest of the petitioner.
No order as to costs.
Order Date :- 26.11.2018 Digamber