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2026 Supreme(Online)(Chh) 10694
HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
M/S BORKAR AND MUZUMDAR CHARTERED ACCOUNTANTS – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC No. 1905 of 2026
For the Appellants/Petitioners: Anup Majumdar
For the Respondents: Shashank Thakur, Malay Shrivastava
A writ petition challenging the disqualification of a technical bid in a tender process becomes infructuous and may be dismissed as withdrawn if the work order has already been issued.
Headnote:(A) Tender Process - Technical Bid - Withdrawal of Petition - Where the work order has already been issued pursuant to the subject tender, the challenge to the technical bid qualification becomes infructuous, justifying the dismissal of the petition as withdrawn. (Para 3, 5)
Issues: Whether the writ petition challenging the technical bid qualification remains maintainable after the issuance of the work order.
| Table of Content |
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| 1. the petitioner challenged the rejection of their technical bid in a tender process and sought to quash the disqualification communication. (Para 1 , 2) |
| 2. the petition is dismissed as withdrawn because the issuance of the work order rendered the challenge infructuous. (Para 3 , 4 , 5) |
Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date: 2026.04.23 16:31:22 +0530 NAFR
Order on Board
Per Ramesh Sinha, Chief Justice
1. Heard Mr. Anup Majumdar, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Addl. Advocate General, appearing for the Respondent/State as well as Mr. Malay Shrivastava, learned counsel for the Respondent No. 2.
2. The present petition has been filed by the petitioner with the following prayer:
"10.1 That the Hon’ble Court may graciously be pleased to call entire tender records required for adjudication of the instant case.
10.2 That the Hon’ble Court may graciously be pleased to set aside/ quash the impugned online communication dated 27.03.2026 (Annexure-P/1) and direct the respondent authority to consider and qualify the petitioner firm technical bid, in the interest of justice.
10.3 That the Hon’ble Court may graciously be pleased to direct the respondent No. 2 to kindly allow the petitioner to take part in the further tender process, in the interest of justice.
10.4 That any other relief which this Hon’ble Court may deem fit and just may also kindly be granted to the petitioner, in interest of justice."
3. Learned counsel for the petitioner seeks permission to withdraw the present writ petition as the work order has already been issued pursuant to subject tender and the present petition is now become infructuous.
4. The submission made by learned counsel for the petitioner is not opposes by the learned counsel for the respective respondents.
5. On due consideration and the submissions made by learned counsel for the petitioner, the present writ petition is dismissed as withdrawn.
