THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.570 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. V.V.N.Narayana Rao, learned counsel for
the appellant and Mr. A.Santhosh Kumar, learned Special
Government Pleader attached to the office of learned
Advocate General representing the respondents.
2. This writ appeal is directed against the common order dated 01.08.2022 passed by the learned Single Judge dismissing the related writ petition i.e., W.P.No.21340 of 2022 filed by the appellant as the writ petitioner.
3. By the aforesaid common order dated 01.08.2022, learned Single Judge had dismissed a batch of writ petitions, including the related writ petition. When W.A.No.554 of 2022 was filed by one of the writ petitioners aggrieved by the common order dated 01.08.2022 in W.P.No.20391 of 2022, this Court by judgment dated 2 29.08.2022 had disposed of the writ appeal by relegating the parties to the forum of dispute resolution as contained in Article 11(b) of the Contract Agreement dated 21.01.2022. Thirty days time was granted to the parties for dispute resolution and for the said period of thirty days status quo was directed to be maintained.
4. Learned Special Government Pleader has pointed out that insofar the related writ petition is concerned, the contract agreement does not contain any clause for dispute resolution. As on date, no consequential notification has been issued. As a result, appellant is continuing with the contract of supplying diet to the Government Hospital at Nirmal in terms of earlier contract dated 21.01.2022.
5. Having regard to the above, we are of the view that if the respondents issue any notification calling for fresh tender, it would be open to the appellant to participate in the said tender process. However, till finalisation of the tender process, the contract/contract period executed by the appellant shall be continued.
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6. This disposes of the writ appeal.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 05.09.2022 vs