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2026 Supreme(Online)(Chh) 20656
HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
M/S LEHAR FOOTWEARS LIMITED – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC No. 3248 of 2026
For the Appellants/Petitioners: Pankaj Singh
For the Respondents: Prasun Bhaduri, Syed Majid Ali
A writ petition becomes infructuous and is liable to be dismissed when the subject matter of the challenge (e.g., a tender) has already been quashed by the court in another proceeding.
Headnote:The petitioner challenged the classification of Tender Bid No. GEM/2026/B/7621416 dated 04.06.2026, seeking a writ of certiorari to quash the classification of Gents Casual Canvas Walking Shoes as safety footwear and a writ of mandamus for re-classification to allow eligible bidders to participate. The court was presented with a joint submission by the counsel for both parties stating that the subject matter of the petition, specifically the aforementioned tender bid, had already been quashed by the court in a separate proceeding (WPC No.3140/2026) on 29.06.2026. In view of the above, the present petition is dismissed as having become infructuous.
| Table of Content |
|---|
| 1. challenge to tender classification and request for re-classification. (Para 1) |
| 2. dismissal of petition as infructuous due to prior quashing of the subject tender. (Para 2 , 3) |
Order on Board
Per Ramesh Sinha, Chief Justice
1. The present petition has been filed with the following prayer:-
“(i) issue an appropriate writ, order or direction, including in the nature of certiorari, quashing the classification of Tender Bid No. GEM/2026/B/7621416 dated 04.06.2026 under the product category "Safety Footwear (V3) ISI marked to IS 15298 (Part 2)(Q2)", in so far as it classifies the tendered Gents Casual Canvas Walking Shoes as safety footwear, together with the consequent safety-footwear compliance requirements;
(ii) issue an appropriate writ, order or direction, including in the nature of mandamus, directing the respondents to re-classify the said tender under the appropriate GeM product category corresponding to Gents Casual Canvas Walking Shoes (general/casual footwear), and to remove the safety-footwear BIS (IS 15298 Part 2) and associated vendor-assessment precondition that prevents eligible bidders from publishing their electronic catalogue and participating;
(iii) issue an appropriate writ, order or direction directing the respondents to suitably extend the bid end date and bid opening date so as to enable the petitioner to participate after the correction of the category;
(iv) award the costs of the petition to the petitioner; and
(v) pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”
2. Learned counsel for the parties jointly submit that the subject matter of the present writ petition, i.e., Tender Bid No. GEM/2026/B/7621416 dated 04.06.2026 has already been quashed vide order dated 29.06.2026 passed by this Court in WPC No.3140/2026, therefore, the present petition has become infructuous.
3. In view of the above, the present petition is dismissed as having become infructuous.
