Ashish Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1670 of 2018 • Ashish Kumar Gupta aged about 36 years S/o Shri N.K. Gupta, R/o A-131, First Floor, Narayan Plaza, Link Road, Bilaspur Chhattisgarh ------Petitioner

VERSUS

1. State of Chhattisgarh, through Secretary, Department of Panchayat and Rural Development, New Mantralaya, Mahanadi Bhawan District Raipur C.G.

2. Commissioner, MGNREGA, Indravati Bhawan, Naya Raipur C.G. -------Respondents For Petitioner : Ms. Bini Sharma, Advocate For Respondent-State : Mr. Vikram Sharma, Dy.G.A. Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per P.R. Ramachandra Menon, CJ.

22/01/2020

1. The petitioner has moved this Court with the following prayers: "10.1 That, this Hon'ble Court be pleased to quash the Request for Proposal.

10.2 That, this Hon'ble Court be pleased to direct the respondent to issue fresh tender in a reasonable and rational manner so as to have a transparent process.

10.3 That the petitioner may be allowed to participate and his application for RFP may be considered as if condition no.5 may not exist. 10.4 Any other relief, as this Hon'ble Court may deem fit and proper in the facts and under the circumstances of the case be granted in favour of the petitioner in the bonafide interest of justice and fair play together with cost of the petition."

2. Prayers are sought to be resisted by the respondents by filing a return.

3. Heard Ms. Bini Sharma, learned counsel appearing for the petitioner as well as learned deputy Advocate General representing the State.

4. It is brought to the notice of this Court by Mr. Vikram Sharma, learned counsel that the matter virtually become infructuous, insofar as, the challenge raised in respect of the transact/ audit work for the financial year 2017-18. The tender was finalized, the work was awarded and it has been completed as well, by the successful bidder, as borne by Annexure R-2, produced along with the return. In the said circumstance, the matter has virtually become academic, submit the learned State counsel.

5. In the above circumstance, we do not find it necessary to go into the merits of the case. Writ petition is disposed of, as infructuous, leaving all the issues open with regard to the challenge raised by the petitioner. Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Pawan