Roshan Builders v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1169 of 2015 Roshan Builders Through Its Propritor Santosh Lodha, S/o Shri Kalaram Lodha, Aged 55 Yrs, R/o 9/15, Rishabh Nagar, District Durg Chhattisgarh 491001 ---- Petitioner

Versus

1. State Of Chhattisgarh Public Works Department, Government Of Chhattisgarh Secretariat, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Executive Engineer Public Works Department Bridge Construction Division Rajnandgaon, Rajnandgaon Chhattisgarh

3. M/s Banka Constructions A Class Contractor 205/b, Trade Corner, Sukhinaka Junction Andheri ( East) Mumbai, 400072. Maharashtra State ---- Respondents For Petitioner:- Shri KR. Nair, Advocate.

For Respondents/State No. 1 & 2:- Shri UNS. Deo. Govt. Advocate.

For Respondent No.3:- Shri Ashish Shrivastava along with Shri Ashok Mishra, Advocates Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order On Board Per Navin Sinha, Chief Justice 13/08/2015 1.

Heard Learned Counsel for the Petitioner and the Respondents. 2.

Respondent No.3 was awarded the works in question on 9.6.2015. The Writ Petition challenging the same was filed thereafter on 2.7.2015. Paragraph - 8.13 of the Writ Petition states as follows:- "That the petitioner is not challenging the decision of the official respondents to award the work to Respondent No.3 but the challenge is to the manner in which the official respondents have arrived at that

decision which is arbitrary and illegal and cannot be sustained in law."

3.

On the own showing of the Petitioner, the Writ Petition seeks to raise an academic question without any challenge to the award of works to Respondent No.3.

4.

The Court is not persuaded to examine and decide academic issues. 5.

The Writ Petition is dismissed.

sd/- sd/- (Navin Shiha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya