Shiba Prosad Banerjee vs The Union Of India & Ors
2023 Latest Caselaw 5111 Cal

Form No. J.(2)
Item No.4


                 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                 APPELLATE SIDE

                              HEARD ON: 17.08.2023

                            DELIVERED ON: 17.08.2023
                                  CORAM:
                    THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
                                    AND
             THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA
                                M.A.T. 1251 of 2023
                                         With
                               I.A. No. CAN 1 of 2023

                               Shiba Prosad Banerjee
                                        Vs.
                              The Union of India & Ors.

Appearance:-

Mr. Saptansu Basu
Mr. Swarup Paul
Mr. Surya Maity                 .........for the appellant

Mr. Ashok Kumar Chakraborty, Ld. A.S.G.
Ms. Sayani Roy Chowdhury       .........for the Union of India

Mrs. Aparna Banerjee            ..........for the respondent no.6




                                    JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal filed by the writ petitioner is directed against the

order dated 3rd July, 2023 in W.P.A. 15162 of 2023. The appellant filed the

said writ petition challenging certain terms and conditions of the Notice

Inviting Tender issued by the respondent no.6. The writ petition was

dismissed by the impugned order and challenging the same, the appellant

has preferred this appeal.

2. The learned advocate appearing for the 6 th respondent based on written

instruction submits that the Notice Inviting Tender, which was issued by

the 6th respondent has been cancelled on 7th August, 2023. Copy of such

proceeding has been handed over to the learned advocate appearing for the

appellant.

3. The learned Additional Solicitor General appearing for the Union of India

submitted that the challenge in the writ petition was to a corrigendum

issued by the 6th respondent with regard to a tender notification calling for

tenders for supply of food articles for cancer patients stipulating 05 years'

experience in the particular field. It is submitted that the learned single

Bench had rightly dismissed the writ petition stating that it is for the

tender inviting authority to prescribe terms and conditions and these are

all technical matters, which cannot be gone into in a writ petition.

4. It is submitted by the learned advocate appearing for the appellant that

since the petitioner had challenged various terms and conditions of the

Notice Inviting Tender issued by the 6 th respondent and in the light of the

fact that the 6th respondent has now withdrawn the said Notice Inviting

Tender, the appellant's right should be preserved and kept open and the

observations made by the learned single Bench in the impugned order

should not stand in the way of the appellant in the event, the appellant is

desirous of challenging any of the terms and conditions of any tender

notice that may be issued by the 6 th respondent in future. It goes without

saying that since the impugned tender notice has itself been cancelled on

7th August, 2023, the challenge to the terms and conditions has become

academic. Therefore, whatever observations/findings rendered by the

learned single Bench in the impugned order will not stand in the way of the

appellant in the event the appellant is desirous of challenging any of the

terms and conditions of any tender notification that may be issued by the

6th respondent in future.

5. With the above observations/clarifications, the appeal and the connected

application stand disposed of.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to

the parties expeditiously upon compliance of all legal formalities.

(T.S. SIVAGNANAM) CHIEF JUSTICE

I agree.

(HIRANMAY BHATTACHARYYA, J.)

Pallab/KS AR(Ct.)