Item No.44
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 OF 2021 IN/AND W.A.No.172 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. I.A.No.1 of 2021 has been filed by the appellant praying inter alia
for grant of leave to file the present appeal against the judgment dated
20.04.2021 passed by the learned Single Judge in W.P.No.22100 of
2020, filed by the respondent No.5/writ petitioner, on the ground that the
impugned order has adversely effected the appellant, who was not a party in the writ petition.
2. At the outset, learned counsel for the respondent No.5/writ petitioner opposes the present application and clarifies that though the appellant had not been impleaded as a party in the writ proceedings, it had on its own filed an application for impleadment in the said proceedings, registered as I.A.No.1 of 2021 and another application for seeking vacation of the interim order, registered as I.A.No.2 of 2021, but later on, it had withdrawn both the applications, as noted by the learned Single Judge in the order dated 20.03.2021, the date on which judgment was reserved in the writ petition.
3. The appellant was well aware of the fact that the respondent No.5/writ petitioner had filed a writ petition challenging the action of the respondents therein of disqualifying its bid in respect of tender No.52-CAO-C-SC-2020, as illegal. It is the case of the appellant that it was already declared as L-1 by the Department. Admittedly, the appellant had filed an application for impleadment and vacation of the interim orders in the writ proceeding, which for the reasons best known to it, were not pressed. Instead, both the applications were withdrawn. The appellant elected to rely on the Government authorities to defend their decision of declaring the appellant as L-1. The Government authorities have accepted the impugned judgment. In view of the aforesaid facts and circumstances, which are not denied by learned counsel for the appellant, we see no reason to grant leave to the appellant to file the present appeal. Learned counsel for the respondent No.5 has also informed the court that after the impugned judgment came to be passed on 20.04.2021, the subject tender was awarded in favour of the respondent No.5 on 04.06.2021 and the work is to commence soon. That is an additional reason for this court to decline to entertain the present application and grant leave to the appellant, as prayed for.
4. Leave is declined. I.A.No.1 of 2021 is dismissed. As a result, the appeal also stands dismissed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 07.06.2021 Lrkm/pln