Minarul Islam v. The State Of West Bengal And ORS.

23.12.2024 Ct. No.10 Sws.M W.P.A. 17105 of 2024 Minarul Islam -Vs.- State of West Bengal & Ors.

Ms. Ambiya Khatun Mr. Nasirul Haque ...for the petitioner Mr. Lalit Mohan Mahata Mr. Prasanta Behari Mahata ...for the State Mr. Sarwar Jahan Mr. Amit Bikram Mahata ...for the respondent No. 6 Mr. Kushal Paul ...for Nos. 7 & 8 The grievance of the petitioner is directed against a work order dated June 18, 2024 issued by the respondent authority in favour of the private respondent. It is submitted by the petitioner that there are diverse illegalities and infirmities in the issuance of the above work order and the same is liable to be quashed.

On behalf of the private respondents, it is contended that the petitioner had not even participated in the subject e-auction. It is further submitted that the e-auction was held as far back as in 2023 and the subject works have already been concluded.

The State is also represented and raises the issue of maintainability of the writ petition.

In view of the subsequent facts which have transpired after filing of the writ petition, as well as the fact that there is nothing on record to demonstrate that the petitioner had even participated in the impugned e-auction, the instant writ petition is not maintainable. WPA 17105 of 2024 stands dismissed on the ground of maintainability. Instructions on behalf of the State are kept with the records. A copy of the same be handed over to the petitioner.

However, there shall be no order as to costs. Since affidavits have not been invited, the allegations made in the writ petition are deemed not to have been admitted.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)