Veerendra Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 41 of 2020 (Arising out of order dated 24.12.2019 passed in Writ Petition (C) No.4238 of 2019 by the learned Single Judge) Veerendra Kumar S/o Shri Bharat Kumar Aged About 40 Years Resident Of G-64, Rishabh South City, Potiyakala, Adarsh Nagar, Durg Chhattisgarh ---- Appellant

Versus

1.

State of Chhattisgarh Through The Secretary, Department of Public Works, Mantralaya, Mahanadi Bhawan, Mantralaya, Raipur Chhattisgarh 2.

Collector District- Raipur Chhattisgarh 3.

Project Officer INRM, ADB, New Delhi- India Resident Mission (INRM)- Asian Development Bank (ADB) 4 San Martin Marg, Chanakyapuri New Delhi 110021 4.

Project Director Office of Project Director ADB Project, Chhattisgarh State Road Sector Project, PWD Department, Sirpur Bhawan Raipur- 492001 5.

M/s Raipur Construction Pvt. Ltd. And M/s R.K. Infracorp Pvt. Ltd. (JV) A Joint Venture Constituted Between The Companies, Babla Complex, G.E. Road, Raipur Chhattisgarh Through Its Authorized Signatory, DistrictRaipur Chhattisgarh ---- Respondents ________________________________________________________________ For Appellant : None For Respondent/State : Shri Chandresh Shrivastava, Dy. A.G.

_________________________________________________________________ Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board P.R. Ramachandra Menon, Chief Justice 15.01.2020 1.

This appeal is filed against the verdict dated 24.12.2019 passed by the learned Single Judge in Writ Petition (C) No.4238 of 2019. The said order reads as follows :

"1. Learned counsel for the petitioner submits that because of pendency of this writ petition, tender process was stayed by the concerned authorities and on account of dismissal of this writ petition, the said authorities are at liberty to finalize the tender process, therefore, he seeks permission of this Court to withdraw the instant writ petition.

2. It is ordered as prayed for.

3. Accordingly, the instant writ petition is dismissed as withdrawn."

2.

Obviously, the appeal is against the dismissal of the writ petition based on the submission to have the same withdrawn and it was accordingly that, the same was dismissed as withdrawn.

3.

After filing the writ appeal, I.A. No.01 of 2020 has been filed again seeking for withdrawal of the writ appeal. When the matter is taken up for consideration in the first round, there was no representation on behalf of the Appellant and the matter was passed over. In the second round as well, there is no representation on behalf of the Appellant. 4.

In the said circumstances, we are left with no other option but to dismiss the writ appeal for want of prosecution as well as in the light of I.A. No.01 of 2020.

5.

The writ appeal stands dismissed for non-prosecution. Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Anu