Girijan Labour Contract Cooperative Society Ltd., v. The Superintendent Engineer,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.5237 of 2012 ORDER:

The writ petition is filed seeking the following relief/s: '..to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring illegal action of the respondent for not reserving 15% of the Works notified on 19.12.2011 for the people or societies belonging to the ST's/SC's Waddera Labour Contract Cooperative Societies or individuals belonging to the same categories following various government contract works is illegal, arbitrary and violation of government orders and consequently direct the respondent to reserve 15% of the works notified in Tender Notice No.19 to 158/SC-13 FC/11-12, dated 19-12-2011 or any other tender notification issued herein after or any other government contract works and pass such other order or orders....'

[Reproduced verbatim] I have heard the submissions of the learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj appearing for the respondent. I have perused the material record. The learned counsel for the petitioners while fairly submitting that the cause in the writ petition does not survive for adjudication and that the writ petition has become infructuous would, however, make a request to give a direction to the respondent to follow the Government Orders issued from time to time in regard to reserving 15% of the works notified in tender notices or any other Government contract works in future as such Government Orders will be issued with avowed objectives and keeping in view the constitutional scheme to ameliorate the members of the societies of the Scheduled Tribes and the Scheduled Castes like the present petitioners.

The learned Government Pleader would submit that no instructions could be received though time is sought in regard to whether or not any such Government Orders are now in force. He, however, submits that

no direction to cover future cases need be given in this writ petition as the relief claimed in this writ petition has become infructuous. Having regard to the submissions, the Writ Petition is disposed of as no cause survives for adjudication. However, the respondent is directed to follow the Government Orders, if any, in force and applicable to the cases of the societies like the petitioners herein whenever any notifications are issued in respect of any Government works. No costs. Miscellaneous petitions, pending if any, in the writ petition shall stand closed.

__________________ M. SEETHARAMA MURTI, J 10.12.2015 Vjl