Court No. - 21
Case :- WRIT - C No. - 41899 of 2007 Petitioner :- Satendra Pal Singh Respondent :- State Of U.P. Thru Principal Secy. And Ors. Counsel for Petitioner :- R.J. Shahi Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
List is revised. No one is present to press the writ petition.
The writ petition is pending since 2007.
A counter affidavit has been filed. But no rejoinder affidavit has been filed.
We have heard Sri Alok Kumar Singh, learned Standing Counsel.
We have perused the materials on record with the help of learned Standing Counsel. The petitioner is a registered contractor in category 'C' of the Public Works Department. He has preferred this writ petition challenging one of the conditions of the public auction notice dated 07.07.2007, which reads as under:
**'krZ th0 ih0 MCY;w&9 ds vuqlkj fufonk dh jkf'k dk 10 izfr'kr tekur jkf'k 'kklukns'k la[;k , 2&3591 @1002 10 ¼15½ 282 fnukad 22-2-83 ,oa izeq[k vfHk;ark dk i=kad ,e0 Vh0 th0@ 202 ,e0 Vh0 23@ 86 fnukad 3-3-90 ds vuqlkj tek djuk vfuok;Z gksxkA** From perusal of the tender notice it is clear that it was invited in the year 2007 for construction of a road. At the time of entertaining the writ petition an interim order was passed restraining the respondents not to insist upon deposit of security money more than that prescribed under the G.P.W-9. From the auction notice it is clear that the term of the contract has now expired.
From the materials on record it appears that the petition has become infructuous by efflux of time as the contract period has expired.
In view of the above, the writ petition is dismissed. However, we grant liberty to the petitioner to move a recall application if this order causes any prejudice to the interest of the petitioner.
Order Date :- 30.1.2019 MAA/-