Sharad Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1629 OF 2018 Sharad Shukla S/o Shri Ramesh Shukla, Aged About 53 Years R/o H. No. 291, Sundar Nagar, Raipur Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Public Works Department, Nirman Bhawan, Naya - Raipur Chhattisgarh.

2. Chief Engineer, Office of Engineer - In - Chief, Public Works Department, Nirman Bhawan, Naya Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri Kshitij Sharma, Advocate For Respondent/State :

Shri Y. S. Thakur, Additional Advocate General. ____________________________________________________________________ Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 23/08/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties.

2.

Writ application was filed by the petitioner when a Notice Inviting Tender ('NIT') No. 127/TC/18-19 bearing System Tender No. 36788 issued on 31/05/2018 and the conditions laid down therein for deposit of additional performance security became the cause of action for the petitioner to seek relief of striking down the condition of additional performance security clause. 3.

Since petitioner is not the successful bider, therefore, the condition of providing additional performance security is not needed and the successful bidder is not before this Court making any grievance against the so-called onerous

conditions. This Court is not willing to answer a hypothetical question of law as an academic exercise.

4.

The writ application is dismissed. We leave the question open to be decided in an appropriate proceeding, if occasion so arises. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Yogesh