Er.Rainy Rose v. Dept.Of Steel And Mines, Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.25085 of 2019 Er. Rainy Rose ....

Petitioner M/s. Ashok Kumar Das, Advocate and associates -versusDepartment of Steel and Mines, Union of India and others ....

Opposite Parties Mr. P.K. Parhi, ASG along with Ms. Babita Sahu, C.G.C. for Union of India

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

24.08.2022 Order No.

08.

1. This petition was filed in 2019 questioning a notice inviting tender (NIT) dated 6th December 2019 as being contrary to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. While notice was issued in the present petition on 12th December 2019, on 2nd January 2020, it was made clear that the tender process was not being stayed. However, it was directed that "allotment, if any made thereto shall be subject to the result of the writ petition."

2. Thereafter, the present petition has not even listed once in the last more than 20 months. In its own turn, it has come up for hearing today.

3. When the learned counsel for the Petitioner was asked if any steps had been taken to ascertain who the successful allottees were and whether they have been impleaded as parties to the writ

petition, the answer was in the negative. This raises serious doubts whether the Petitioner is serious in pursuing the petition.

4. Considering that there must have been allottees by now pursuant to the NIT in question, it would be open to the Petitioner, if, after ascertaining who such allottees are, and if such allotments still required to be challenged, to file an appropriate petition with proper pleadings making such allottees as parties to the petition in accordance with law.

5. The writ petition is accordingly disposed of.

6. Issue urgent certified copy of this order as per rules. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S.K. Guin