Md. Soleman Ali and 5 Ors v. The Assam State Transport Corpn. and 2 Ors

O R D E R

21.02.2024 Heard Mr. PKR Choudhury, learned counsel for the petitioners.

¶2The present writ petition is filed assailing a NIT dated 15.07.2017. It is the case of the petitioner that pursuant to similar process of tender initiated in the year 2006, the petitioners applied for allotment stalls/ shops (second phase) at ASTC Station Campus in Rangia. According to the petitioners, the MD, ASTC under separate communications in 2006 allotted space No. 29,27,30,46,31 and 28 to the petitioners and directed them to deposit non-refundable registration fees. According to the petitioners, the ASTC promised that construction should be completed with the money advanced by the petitioners, but since 2006 till 2017 Page No.# 3/3 no construction was made and instead of constructing and allotting the shop, the impugned tender process was initiated.

¶3This court while issuing notice did not pass any interim order stalling the tender process and Mr. Choudhury, learned counsel for the petitioner submits that pursuant to the tender notice dated 15.07.2017 impugned in the present writ petition some other persons were allotted the aforesaid shops.

¶4The allottees are being not made parties to the present writ petition, though this writ petition is pending since the year 2017.

¶5In that view of the mater, in the considered opinion of this court so far relating challenge made to the tender notice no cause of action survives to be determined inasmuch as tender process ended the allotment of the shops. Accordingly, this writ petition stands closed being infructuous. However, this order shall not be a bar for the petitioner to agitate their grievances so far relating to payment of advance money and non allotment of shop.

¶6With the aforesaid observation, the writ petition stands closed being infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010223182017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6450/2017o MD.oSOLEMANoALIoando5oORS.o S/OoLATEoNURoHUSSAIN,oVILL-oKAHANDIKAR,oPO-oDHEPARGAON,oDIST.o BAKSA,oASSAM 2:oSRIoUTPALoSARMA oS/OoNARAoNATHoSARMA oR/OoRANGIA oMURARA oASSAM 3:oMAHSINoALI oS/OoLATEoNURoHUSSAIN oVILLAGE-oKHANDIKAR oRANGIA oASSAM 4:oAINULoHAQUEoCHOUDHURY oS/OoAFJALoHUSSAIN oVILL-oPUB-SAHAN oRANGAI oASSAM 5:oSAIDULoISLAM oS/OoLAToHARUNARoRASHID oVILL-oRANGIA oWARDoNO.o2 oPOoandoPS-oRANGIA oASSAM 6:oCHANDANoKUMARoPATHAK oS/OoLATEoPRANESWARoDAS oVILL-oMURARA oRANGIA Page No.# 2/3 ASSA VERSUS THE ASSAM STATE TRANSPORT CORPN. and 2 ORS. REP. BY ITS MANAGING DIRECTOR, TOURISM BHAWAN, PALTAN BAZAR, GUWAHATI 2:THE MANANGING DIRECTOR ASSAM STATE TRANSPORT CORPORATION TOURISM BHAWAN PALTAN BAZAR GUWAHATI 3:CHIEF ENGINEER C ASSAM STATE TRANSPORT CORPORATION TOURISM BHAWAN PALTAN BAZAR GUWAHAT Advocate for the Petitioner : MRG DEKA Advocate for the Respondent : BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY