Bimal Mishra v. Union Of India And ORS.

Form No. J.(2) Item No.49

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 21.05.2024 DELIVERED ON:21.05.2024

CORAM:

THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA M.A.T. 1109 of 2022 Bimal Mishra Vs.

The Union of India & Ors.

JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. The appellant had filed the writ petition impugning certain criteria fixed as eligible criteria for participating in a tender invited by the authorities for operation and maintenance of Ferry service at four locations across Feeder Canal Division of Farakka Barrage Project.

2. Record of the proceedings shows that as on date, nothing would survive for consideration of the proceedings even at the time when the writ petition was dismissed, the tender was over and the writ petitioner did not participate. The learned writ court dismissed the writ petition with cost of Rs.5,100/-.

3. Considering the facts and circumstances of the case, we find there is no error in the order passed by the learned writ court dismissing the writ petition. However, we delete the cost, which has been imposed on the writ petitioner.

4. With the above observations/directions, appeal stands dismissed.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.) S. Banerjee/KS AR(Ct.)