The State of Ap and 2 Ors v. M/S Yam Enterprises and 2 Ors

ORDER

05.06.2023

The instant writ appeal is preferred by the State of Arunachal Pradesh for assailing the order dated 26.06.2015, passed by the learned Single Judge in WP(C) 232(AP)/2015 and WP(C) 175 (AP)/2015. WP(C) 232(AP)/2015 was filed by the writ petitioners challenging the legality of the NIQ dated 30.04.2015 for supply of inputs to the Department of Horticulture against sanctioned programmes of CSS' "Mission for Integrated Development of Horticulture for the financial year 2014-2015" and WP(C) 175/2015 was preferred by three petitioner firms challenging the decision of the respondent authorities to debar the petitioner firms from participating in the process of selection of firms as per the Expression of Interest dated 30.04.2015. The writ petitions were allowed and the NIQ in question was found to be flawed in law and was thus interfered with and the appellant authorities were directed to issue fresh NIQ for execution of the CSS scheme. The appeal was preferred way back in the year 2015, but it seems that no effective proceedings have been taken there upon during the last eight years. I.A. (C) 53/2023 has been filed seeking stay upon the impugned judgment, whereas I.A. (C) 52/2023 has been filed seeking condonation of the delay occasioned in filing of the writ appeal. However, till date not even notices have been served on Page No.# 5/5 the respondent firms. In view of the above facts, we are of the opinion that as the order passed by the learned Single Bench interfering with the NIQ and quashing the same has lasted for eight years without any stay or interference, it can be assumed that by now fresh NIQ must have been issued. In any event, the total lack of effort to prosecute this appeal clearly indicates that the State has no interest in the continuance thereof. Hence, the instant appeal as well as the Interlocutory Applications are dismissed for non-prosecution and also because cause of action no longer survives.

JUDGE CHIEF

JUSTICE Comparing Assistant

Page No.# 1/5 GAHC040003642023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C) 52/2023 Represented by the Chief Secretary to the Government of Arunachal Pradesh, 2: The Directorate of Horticulture Govt. of Arunachal Pradesh Itanagar Represented by its proprietor Shri Soma Yangfo, S/o Late Tashang Yangfo, Having its registered office at Polo Colony, Naharlagun, PO/PS Naharlagun, Papumpare District, Arunachal Pradesh. Phone No. 9436259188 2:M/s Abo Taje Enterprises 3:M/s Kama Enterprises Represented by its proprietor Shri Kama Bagang Page No.# 2/5 Arunachal Prades Advocate for the Petitioner : GA (AP) Linked Case : WA 11/2023 Represented by the Chief Secretary to the Govt. of Arunachal Pradesh 2: The Director of Horticulture Govt. of Arunachal Pradesh Represented by its proprietor Shri Soma Yangfo S/o Late Tashang Yangfo Having its registered office at Polo Colony Arunachal Pradesh. Phone No. 9436259188 2:M/s Abo Taje Enterprises. Page No.# 3/5 3:M/s Kama Enterprises. Represented by its proprietor Shri Kama Bagang Arunachal Pradesh Advocate for the Petitioner : GA (AP) Linked Case : IA(C) 53/2023 Represented by the Chief Secretary to the Govt. of Arunachal Pradesh 2: The Director of Horticulture Represented by its proprietor Shri Soma Yangfo S/o Late Tashang Yangfo Having its registered office at Polo Colony Arunachal Pradesh. Phone No. 9436259188 2:M/s Abo Taje Enterprises 3:M/s Kama Enterprises Represented by its proprietor Shri Kama Bagang Page No.# 4/5 Arunachal Pradesh Advocate for the Petitioner : GA (AP) BEFORE HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE ROBIN PHUKAN