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Calcutta High CourtWPA/27036/2023disposed as infructuous

Quality Caterer And ANR. v. Chittaranjan National Cancer Institute And ORS.

2024-01-03Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-22 Ct No.09 03.01.2024 TN WPA No. 27036 of 2023 Quality Caterer and another Vs.

Chittaranjan National Cancer Institute and others Mr. Sirsanya Bandopadhyay, Mr. Vivekananda Bose, Mr. Subhajit Das .... for the petitioners Ms. A. Banerjee .... for the respondents 1.

A supplementary affidavit filed today by the petitioners be kept on record.

2.

At the outset, learned counsel for the respondentauthorities hands over a document which is apparently a communication by the Technical Officer (Store & Purchases) of the respondent authority indicating that the tender which has been impugned in the present writ petition has been cancelled in the meantime.

3.

A copy of the same is handed over to learned counsel for the petitioners who points out that in the third paragraph of the said document, it has been indicated that the CNCI New Town campus is having an existing tender for patient diet and cafeteria system with one M/s A-One Caterers and both the campuses are under the same

administrative control, in view of which it would be beneficial for the organization to extend the services of the existing firm working at CNCI, New Town to continue the service at CNCI Hazra campus for an initial period of 03 months as an interim provision.

4.

Learned counsel submits that it may be kept open for the petitioners to challenge the appointment of M/s A-One Caterers in respect of the CNCI Hazra campus.

5.

Since the present writ petition has become infructuous in view of the impugned tender having been cancelled, WPA No. 27036 of 2023 is disposed of as infructuous. However, it is kept open for the petitioners to challenge the appointment of M/s A-One Caterers for the CNCI Hazra campus as well as the cancellation of the tender, if the petitioners so intend.

6.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)