M/S Sooraj Traders v. Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR ] *** MA/8/2020 In WP /276/2019 M/s Sooraj Traders .. Appellant Vs.

Andaman and Nicobar Administration and others ... Respondents September 17, 2021 [SR] Item No.10 The instant appeal has been taken out against the judgement and order dated 29.11.2019 passed by the Single Bench in WP No.276 of 2019 dismissing the application of the appellant on the ground that the appellant has failed to establish the case of incompetence of the private respondent or lack of requisite experience in running the canteen in the Dr.B.R.Ambedkar Institute of Technology.

According to the learned advocate for the appellant, while the notice was published, it contemplates the requisite experience in running the canteen and the private respondent cannot show any documents that it has requisite experience of a specified year in the similar type of job.

In course of hearing, it appears that the notice was invited for running the canteen in the Dr.B.R.Ambedkar Institute of Technology for the year 2018-2019. The private respondent run the canteen for such period and the said period has expired by efflux of time. It is fairly submitted by Mr.Tulsi Lall, appearing for the Administration that after the expiration of the period of engagement in running the canteen, the Administration has not decided to continue with such arrangements in view of the pandemic having struck globally. He further submits that the Administration has also not decided for inviting a fresh notice and in view of the same, the said canteen is defunct.

The aforesaid submission of Mr. Lall is corroborated by Ms. Das appearing for the private respondent herein that the engagement of her client has not been extended and in fact her client is not running the canteen thereat.

In view of the aforesaid stand taken by the respondent and the fact that the notice was restricted in the year 20182019 and the period having expired and no further engagement or continuance has been shown by the Administration, the cause of action as originally pleaded in the writ petition has elapsed and/or diminished by the passage of time. It would be unjust to interfere with the order of the Single Bench as such interference in other way shall not impair any right of the appellant.

Accordingly, the appeal is disposed of.

( Harish Tandon, J. ) ( Shivakant Prasad, J. )