Chandra Mohan Debnath v. Union Of India And ORS.

17.09.2025 Court No.13 Item No.20 pk FMA 584 of 2021 With I.A. No. CAN 1 of 2021 CAN 2 of 2021 Chandra Mohan Debnath Vs.

Union of India and others Mr. S. S. Arefin ... For the Appellant.

Mr. Amit Kumar Nag, Ms. Debarati Das ... For the respondent nos. 3 to 7.

Mr. Partha Pratim Ray, Mr. Samrt Chakraborty ... For the respondent no. 8.

Re : CAN 1 of 2021

1. Affidavit of service filed in Court is taken on record.

2. Sufficient grounds are available to explain the delay in filing the instant appeal. Hence, the delay is condoned.

3. Accordingly, CAN 1 of 2021 is allowed and disposed of.

Re: FMA 584 of 2021

1. The impugned order is dated 04.12.2020 passed by a Single Bench of this Court.

2. The writ petitioner participated in the tender process for setting up of a retail petrol pump outlet. Both the petitioner and the private respondent are stated to have qualified in the first round i.e. inspection and notification of land offered by the parties for setting up of the retail outlet. Since the oil company was yet to take a

decision in the matter, the writ petition was dismissed by the Single Bench as premature.

3. It is submitted by counsel for the oil company that the letter of intent has been issued in favour of the private respondent on 09.02.2022. The private respondent is awaiting for clearance of the district magistrate for setting up a pump.

4. In view of the above and subsequent events, this Court is of the view that the appeal itself may have become infructuous.

5. Leave is, however, reserved to the appellant to challenge any subsequent action of the oil company in accordance with law.

6. The instant appeal is disposed of.Consequently, connected pending application being CAN 2 of 2021 is also disposed of.

7. There will be no order as to costs.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)