Md. Shakeer vs The State Of Telagnana
2022 Latest Caselaw 4374 Tel

      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

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.

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