A writ petition challenging tender cancellation is not maintainable for effective relief if the work has already been executed by third parties who have not been impleaded as parties to the proceedings.

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue a writ order or direction more particularly writ of mandamus declaring the impugned proceedings dated 10.01.2013 in Roc.No.D/1955/2012, Roc.No.D/1956/2012, Roc.No.D/1957/2012, Roc.No.D/1958/2012, Roc.No.D/1959/2012 issued by the respondent whereby cancelling the tenders awarded in favour of the petitioner as illegal, arbitrary and violating of principles of natural justice and unconstitutional, and pass such other order or orders…”

2. Heard Mr. A. Prabhakar Rao, learned counsel for the petitioner and Mr. Mirza Safiulla Baig, learned Standing Counsel for the respondent. Perused the record.

3. The main grievance of the petitioner is that, initially the impugned notice dated 24.12.2012 was issued directing the petitioner to submit the original hardcopies of the uploaded and attached certificates/documents and demand drafts towards earnest money deposit on or before 28.12.2012, failing which, or if any variation is noticed, the petitioner shall be suspended from participating in the tenders on the E-Procurement platform for a period of 3 years as per G.O.Ms.No.174 of I & CAD (PW-Reforms)Department, dated 01.09.2008 and pursuant thereto the impugned orders were passed by the respondent cancelling the tenders vide separate Proceedings, dated 10.01.2013.

4. Admittedly, the subject tenders were already granted in favour of the third party, and the work has already been executed, and in this writ petition, the affected party is also not made a party.

5. If that being so, learned counsel for the petitioner would only contend that the relief sought is still maintainable in between the parties, though the tender was already executed and that the work is already been completed, and that the matter has to be dealt with on the ground that the proceedings issued by the respondents are bad in law.

6. In that view of the matter, as the tender have been granted in favour of third parties, and the said third parties have not been impleaded as party respondents to the present writ petition, no effective adjudication would be done in the matter and even if the writ petition is decided in favour of the petitioner, no enforceable and effective relief can be granted to the petitioner.

7. Accordingly, the Writ Petition is closed. There shall be no order as to costs.

Pending miscellaneous petitions, if any, in this Writ Petition shall also stand closed.

When the matter was taken up for hearing, learned counsel appearing for the petitioner submitted that the parties have amicably settled the dispute out of Court. In view of the said submission, nothing further survives for consideration in the present Writ Petition.

2. Recording the submission made by the learned counsel for the petitioner and in view of the settlement arrived at between the parties, this Writ Petition is closed. There shall be no order as to costs.