Aditya Kumar Ghosh v. The State of Assam and 4 Ors

ORDER

10.01.2024 Heard Shri J Islam, learned counsel for the petitioner. Also heard Shri AK Sarma, learned counsel for the respondent no. 4, who has also filed the affidavit. The State respondents are represented by Shri K Gogoi, learned State Counsel, Assam. In view of the stand taken by the respondent no. 4 in the affidavit-in-opposition filed on 05.01.2024, this Court is of the opinion that this writ petition need not be kept pending. The subject matter of this writ petition is with regard to an NIT issued by the Bilasipara Municipal Board for various works under the PWD. The grievance of the petitioner pertains to an order dated 18.08.2023 by which, the petitioner was disallowed from participating in the tender. Shri Sarma, learned counsel for the Bilasipara Municipal Board by referring to the aforesaid affidavit-in-opposition, however, submitted that the aforesaid order dated 18.08.2023 has been cancelled. In this connection, the relevant pleadings of the aforesaid affidavit made in paragraph 6 are extracted hereinbelow: Page No.# 3/3

"6. That your deponent states hat after received of the communication dated 23.08.2023 from the petitioner and knowing the order passed by this hon'ble court your deponent vide a letter dated 02.09.2023 sought a legal opinion from the Special Counsel engaged on behalf of Bilasipara Municipal Board regarding the aforesaid matter. Accordingly on 08.09.2023 your deponent has received a legal opinion in connection with the order dated

21.08.2023 passed in WP(C) no. 4805/2023. Subsequently thereafter the Bilasipara Municipal Board in its meeting held on

12.09.2023 discussed about the order passed by this hon'ble court in WP(C) No. 4805/2023 as well as the legal opinion received on request from the Special Counsel vide his letter dated 08.09.2023. Thereafter the Board vide Resolution No. 4 resolved to cancel the order dated 18.08.2023 and allow the petitioner to participate in the tender process. The said resolution was accordingly communicated to the Engaged Counsel vide letter dated 21.09.2023."

In view of the aforesaid stand of the Bilasipara Municipal Board taken in the aforesaid affidavit-in-opposition, there is no cause of action to be adjudicated upon and accordingly, the writ petition is closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010185842023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4805/2023o ADITYAoKUMARoGHOSHo S/O-oSRIoGOURoCHANDRAoGHOSH,oR/O-oWARDoNO.4,oP.O.oANDoP.S.o BILASIPARA,oDISTRICT-oDHUBRI,oASSAM,oPIN-o783348 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oHOUSINGoANDoURBANoAFFAIRS,oDISPUR,oGUWAHATI-06 2:THEoDIRECTOR oMUNICIPALoADMINISTRATION oASSAM oDISPURoGUWAHATI-06 3:THEoCHAIRMAN oASSAMoGOVERNMENToMARKETINGoCORPORATIONoLTD. oGNBoROAD oAMBARI oGUWAHATI-01 4:THEoCHAIRPERSON oBILASIPARAoMUNICIPALoBOARD oP.O.oBILASIPARA oDIST.-oDHUBRI oASSAM oPIN-o783348 5:THEoEXECUTIVEoENGINEER oBILASIPARAoMUNICIPALoBOARD oP.O.oBILASIPARA oDIST.-oDHUBRI Page No.# 2/3 ASSAM PIN- 78334 Advocate for the Petitioner : MR M A ISLAM Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI