Kapileswar Agro And Biotech Service Pvt. Ltd. v. Odisha State Seeds Corp. Ltd.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9512 of 2022 Kapileswar Agro & Biotech Service Pvt. Ltd. & Another ....

Petitioners Mr. A. Behera, Advocate -versusOdisha State Seeds Corporation Ltd. and others ....

Opp. Parties Mr. P.P. Mohanty, AGA Mr. Anshuram Mishra, Advocate for opp.party no.1

CORAM:

JUSTICE S.K. SAHOO JUSTICE M.S. RAMAN Order No.

ORDER

10.06.2022 05.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Affidavit filed on behalf of Opposite Party No.1 is taken on record.

The writ Petitioner has filed this writ petition with the following prayer:- "(i) Issue a writ, order or direction quashing Clause 5.3.i of the e-tender document for Empanelment and Procurement of Seed Potato and Onion Seed for Kharif-2022 floated by the Opposite Party No.1 (Annexure-10);

(ii)Issue a writ, order or direction to the Opposite Parties to issue a fresh tender document for Empanelment and procurement of Onion Seed for Kharif-2022; and (iii) To pass any other or further order (s) as

// 2 // deemed just and proper in the facts and circumstances of the case."

After issuance of notice, the counter affidavit has been filed by the Opposite Party No.1 as also Opposite Party Nos. 2 and 3. In the counter affidavit filed by the Opposite Party Nos. 2 & 3, the letter dated 31st May, 2022 issued by the Director of Horticulture, Krushi Bhawan, Odisha, Bhubaneswar address to the Managing Director, Odisha State Seeds Corporation has been annexed relating to participation of National Agencies and Private Enterpreneurs/Suppliers in the Tender process to supply of Onion seeds for kharif-2022 and it has been mentioned therein that after careful consideration, the Govt. has decided to allow both the National and Private of Entrepreneurs/Supplier for empanelment and procurement of Onion Seeds for Kharif-2022 pursuant to Tender call Notice No. NIT No. OSSC/Mktg-23/2022 issued by the OSSC, Bhubaneswar.

In view of such letter, the matter has become infructuous.

Accordingly, the writ petition is disposed of as infructuous.

(S.K. Sahoo) Vacation Judge (M.S. Raman) Vacation Judge Laxmikant

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