WPMS/12/2019
2022 Latest Caselaw 456 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 25th DAY OF FEBRUARY, 2022
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 12 of 2019
BETWEEN:
Dev Singh Negi                           ... Petitioner

     (By Mr. Narendra Bali, Advocate)

AND:
State of Uttarakhand & others            ... Respondents

     (By Mr. Narayan Dutt, learned Brief Holder for the State
     of Uttarakhand)


                        JUDGMENT

1. Challenge thrown by the petitioner in this writ petition was to a tender process initiated in the year 2018, as petitioner's technical bid was rejected.

2. By means of this writ petition, petitioner has sought following reliefs:-

(i) issue a writ, order or direction in the nature of certiorari quashing the order/letter/intimation dated 15.12.2018 and 18.12.2018 (annexure no. 5 to the writ petition) so far as it relates to the petitioner.

(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to open the technical bid of the petitioner.

(iii) issue a writ, order or direction in the nature of mandamus directing the respondents to open the financial bid of the petitioner by treating petitioner as qualified in technical bid.

3. This writ petition was filed on 02.01.2019. More than three years have gone by. Having regard to the relief sought in the writ petition, this Court is of the considered opinion that the writ petition has now become infructuous by efflux of time, as the cause of action does not survive any longer.

4. Accordingly, the writ petition is dismissed, as infructuous.

(Manoj Kumar Tiwari, J.) Aswal